SRIDHAR MISHRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ application has been filed assailing the order of the Orissa Administrative Tribunal, Bhubaneswar passed in a batch of three Original Applications. The Petitioner was the applicant in O.A. No. 2233 of 1998 and the other two Original Applications were filed by 21 similarly placed employees.

(2.) The facts leading to filing of the Original Applications before the Tribunal are that the Petitioner and other applicants were initially appointed as Gardeners in the Directorate of Horticulture under Agriculture Department prior to 1979. Subsequently they were promoted to the post of Grafters. The next promotional post is Field Technician and, thereafter, Horticulture Overseer. Earlier 50% posts of Grafter were being filled up by way of direct recruitment and 50% by way of promotion from amongst the Gardeners but from a later stage, all the posts of Grafter are being filled up by way of promotion. The Petitioner and others were waiting for their promotion to the post of Field Technician created in the year 1992 in the Directorate of Horticulture. As per the Government instruction dated 4.9.1998, the said vacancies of Field Technician are being filled up only by way of promotion from amongst the Grafters having requisite qualification.

(3.) The Government in the Agriculture Department undertook various schemes requiring expansion both in the Agriculture and Horticulture sides with the assistance of World Bank Loan. Prior to such expansion, the field staff in the Agriculture Department consisted of Field-man Demonstrator, Agriculture Sub-Overseer and Agriculture Overseer and in the Horticulture Directorate, the Field Staff consisted of Attendant, Gardener, Grafter and Field Technician. After the schemes were implemented on receipt of World Bank loan, the staff in the Horticulture Directorate remained the same whereas in the Agriculture Department, the Field-man Demonstrator posts were abolished in phases and posts of V.A.Ws were created in large numbers and all the posts of Field-man Demonstrator merged in the posts of V.A.Ws. Similarly the posts of Agriculture Sub-Overseer were abolished and they were upgraded as Agriculture Overseer posts. The Director of Horticulture in letter dated 29.4.1997 intimated the Government in Agriculture Department in the matter of surrendering 300 posts of V.A.Ws. of the Agriculture Directorate and for creation of equal number of posts under the Directorate of Horticulture.