PADMANAVA PRADHAN Vs. STATE OF ODISHA

JUDGEMENT

(1.) In the writ application, the petitioners, who were selected and appointed in pursuance of the Advertisement issued by the University vide Annexure-2 dated 26.03.2011 in due process of selection as Executive Assistant on contractual basis have sought for direction to the opposite parties to treat the petitioners to have been appointed against sanctioned post of Junior Assistant and thereby to be treated as regular and further prayer has been made that the advertisement issued by the opposite party no.3 vide Annexure-17 is not to be given effect to until regularization of services of the petitioners against the post of Junior Assistant is made.

(2.) The brief facts of the case are that in order to fill up the post of Junior Assistant, a review meeting was held under the Chairmanship of Chief Secretary on 24.06.2008 pertaining to filling up the vacancy of teaching and non-teaching staff of Sambalpur University wherein it was unanimously decided that since 23 numbers of posts of Junior Assistant were lying vacant, such posts were to be filled up by Executive Assistant having computer proficiency through outsourcing on the basic pay of Rs.5000/- per month as evident from Annexure-1 to the writ petition. Accordingly, an advertisement was issued by the Registrar dated 26.03.2011 inviting applications for the post of 15 numbers of Executive Assistant to be filled up presently likely to be increased corresponding to availability of vacancies on contractual basis on a consolidated pay of Rs.5000/- per month. The requisite qualification mentioned in the advertisement was Graduate with 50% marks in aggregate having computer proficiency. In the process of selection one had to appear for written test and successful candidates were to appear in Viva Voce test as per Annexure-2 to the writ petition.

(3.) Per Contra, a counter affidavit has been filed by opposite party No.1 assailing the prayer of the petitioner as thoroughly misconceived. In the counter, it has been submitted that the petitioners were engaged as Executive Assistant in Sambalpur University by opposite party no.2 in contravention to Section 22(1) of Odisha Universities Act, 1989 and Rule-7 of Odisha University Recruitment and Promotion of Non-Teaching Employees Rules, 1992. Further, it has been submitted that the proceeding of the Review meeting held on 24.06.2008, wherein it was decided that the post of Junior Assistant lying vacant in Sambalpur University are to be filled up by Executive Assistant having computer proficiency through outsourcing. Violating the decision taken in the meeting the petitioners were appointed in the non-sanctioned posts of Executive Assistants on contractual basis directly by the University. These posts have never been created with due Government approval as required under Section 22 of Odisha University Act, 1989. Further, it has been submitted that as per the ratio decided by the Hon'ble Supreme Court in the case of Secretary, State of Karnataka-vrs-Uma Devi and others, 2006 4 SCC 1which inter alia stipulates that any appointment made against non-sanctioned is an illegal appointment and illegal appointment cannot be regularised in any manner whatsoever. The appointment of the petitioners made against non-sanctioned post shall be considered as illegal and these illegal appointments cannot be regularized against the sanctioned posts.