SHYAMABANDHU BARIK Vs. ORISSA UNIVERSITY OF AGRICULTURE

JUDGEMENT

(1.) THE 35 petitioners in this writ application who were appointed as Village Agricultural Workers by the Orissa University of Agriculture and Technology have assailed the decision of the opposite parties reverting them to their status quo ante' by Annexure -1 dated 10 -7 -1987.

(2.) THE petitioners and four others who were working as literate bearers (casual labourers) were appointed in 1984 as Fieldman Demonstrator, 32 of them having been appointed on 20 -7 -1984 and the rest on 30 -10 -1984. They were receiving consolidated pay of Rs. 300/ -per month. They were allowed to undergo Fieldman Demonstrator training and took the examination held in 1986. On passing the said examination, they were appointed as Village Agricultural Workers, vide Annexure -3 dated 31 -7 -1986 in the scale of pay of Rs. 840 -1240/ -. Order of reversion as per Annexure -1, referred to above, was passed before they could complete one year of service. 1 he petitioners have annexed their order of appointment as Fieldman Demonstrator on training as per Annexures -2(a) and 2(b). Notice having been issued to the ' opposite parties, return was submitted by them wherein it is alleged that appointment of the petitioners and others as Fieldman Demonstrators and later on as Village Agricultural Workers was in contravention of the provions contained in the Orissa Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act (Act 38 of 1975). The instruction of the Vice -Chancellor that names should not be called for from the Employment Exchange and appointment should be made from amongs the literate casual workers working under the University was superseded by the Board of Management which took a decision in that behalf in its meeting dated 10 -7 -1987. The decision has been appended as Annexure -5. There - fore, the gist of the case of the opposite parties is that the appointment is bad for not submitting a requisition to the Employment Exchange seeking names of eligible persons for appointment and for failure to reserve posts for candidates belonging to Scheduled Castes and Scheduled Tribes.

(3.) THE Board of Management did not approve the decision not to submit requisition to the Employment Exchange and the failure to reserve posts for candidates belonging to the Scheduled Castes and Scheduled Tribes and directed reversion of the petitioners to their status quo ante.