PARTHADEV RAY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE ' petitioner challenges the order dated 14 12 98 (Annexure 3) passed by the Orissa Administrative Tribunal in Original Application No. 3057(c) of 1994.

(2.) THE dispute centres round the process of selection to the post of Fishery Production Officer in the establishment of the Director of Fisheries, Orissa. Admittedly, the post of Production Officer is an ex cadre post. The said post fell vacant with effect from 30 6 90 due to superannuation of the incumbent who was holding the post and opposite party No. 3 was kept in charge. In the year 1994, opposite party No. 3 filed O. A. No. 3057(C) of 1994 before the State Administrative Tribunal praying for issuance of a direction to regularise him in the post with effect from 1 7 99 i. e. the date from which he is continuing as in charge, with all consequential benefits. It was alleged in the Original Application that as the Government, without regularising the services of the applicant (opposite party No. 3), directed to fill up the post through selection and invited options, he was constrained to move the Tribunal.

(3.) THE present petitioner, who was not impleaded before the Tribunal, filed a petition for intervention and the samebeing allowed, he was impleaded as opposite patty No. 3 in the original application. He also filed a counter stating that he being better qualified having Post Graduate Degree in Microbiology from the University of Baroda, he is more suitable for the post of Fishery Production Officer than the applicant i. e. opposite party No. 3.