SOUMYARANJAN PARIDA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE controversy in this Writ Petition is with regard selection & appointment to the post of Junior Engineer. (Mechanical) in the establishment of Paradip Port Trust (hereinafter referred to as 'PPT'). In the year 1998 a request was made by the PPT to the Employment Officer, Special Employment Exchange, Paradeep Port to sponsor names for filling up the vacancies for the post of Junior Engineer (Mechanical) & requested to recommend the names of 10 eligible candidates who have passed H.S.C. in first class & possessed Diploma level or any higher level qualification in Mechanical/Automobile Engineering. The Petitioner, it is submitted, had passed H.S.C. in first division & thereafter completed three years Diploma Course in Mechanical (Automobile) in the year 1992. He was working as a Supervisor in Bharat Automobile Works, Paradip. He had also completed one year apprenticeship training in PPT. The name of the Petitioner was sponsored by the Employment Officer, Special Employment Exchange, Paradip Port along with thirteen others to PPT. The Petitioner thereafter called upon to attend the interview on 04.8.1998. According to the Petitioner, he answered 90% of the questions put to him but then by Order Dated 06.8.1998 the PPT authorities selected & appointed Opp. Party No. 7 as Junior Engineer (Mechanical) ignoring his just claim. The said selection is assailed in this Writ Petition.

(2.) THE Petitioner, it appears being aggrieved by the selection process had approached this Court earlier in OJC No. 15479 of 1998. The said Writ Petition was disposed of directing the PPT authorities to consider the case of the Petitioner in accordance with the stipulations made in letter dated 27.4.1988 issued by the Government of Orissa, Industry Department. It is alleged that, without considering the purport of the order the application filed by the Petitioner was rejected by the PPT authorities mainly on three grounds i.e. i) the vacancy of Junior Engineer (Mechanical) was filled up by the candidate who had secured more marks than the Petitioner; ii) the guidelines issued by the Government of Orissa, Industry Department is meant for Public Sector Undertakings of the State Government & are not binding upon Paradip Port Trust & iii) the Paradip Port Trust was following the principles enunciated by the Hon'ble Supreme Court in the decision (U.P. State Road Transport Corporation Anr. v. U.P. Parivahan Nigam Shishukhs Berozgar Sangh and Ors. : AIR 1995 SC 1115). Further it is stated that the Selection Committee constituted under the Rules, conducted the interview & in the said interview, Opp. Party No. 7 secured higher marks than the Petitioner & as such, she was selected & appointed in the year 1998.

(3.) AFTER receiving Rule a counter affidavit has been filed by Opp. Party Nos. 2 & 4 taking the stand that the Petitioner has no cause of action to file this Writ Petition, & the selection was made by a duly constituted Staff Selection Committee consisting of Chief Engineer, Secretary, Addl. C.E & M.E & Mechanical Superintendent. The criteria of awarding marks were evolved by the Staff Selection Committee & 90 % marks was given for the career & 10 % marks was assigned for oral interview. Opp. Party No. 7, it is averred, secured the highest position & the Petitioner was placed at Sl. No. 3 & above the Petitioner there was another candidate namely Kailash Ch. Sahu. The Selection Committee after due selection sent the result to the concerned department & Opp. Party No. 7 was issued with the appointment order & she had joined in the post & continuing since 1998. The allegations made in each of the paragraph of the Writ Petition are specifically & elaborately denied by the PPT in their counter affidavit.