ARUN KUMAR GURU Vs. ORISSA FOREST DEVELOPMENT

JUDGEMENT

(1.) THE petitioner, who is serving under the opposite party as an Assistant Law Officer, has approached this Court for issuance an appropriate writ, direction or order commanding the opposite party 'to create higher post i. e. Law Officer in the Legal Branch of the Corporation and throw open the chances of promotion to the petitioner and pass such other orders as the ends of justice requires'.

(2.) THE facts involved in this case are simple. Admittedly, the petitioner is a Law Graduate. On being sponsored by the State Employment Exchange, Bhubaneswar for the post of Legal Assistant, he was duly selected and appointed as such under the opposite party vide appointment order issued to him on 11 8 1986 which post he joined the same day. It is averred by the petitioner that the Government in various Departments had in December, 1988 redesignated the post of Legal Assistant as Assistant Law Officer carrying the same status andscale of pay. Subsequent thereto, the Corporation also redesignated the post of Legal Assistant under it as Assistant Law Officer without any change of status and pay scale and con sequently, the petitioner was designated as the Assistant Law Officer under the Corporation. It is further averred by the petitioner, that at its 53rd meeting held on 29 6 1973 the Board pf Directors of the Corporation (hereinafter referred to as the Board') had resolved that 'the Government rules he adopted by the Corporation where Corporation had no rules of its own' which was reiterated at a subsequent meeting held on 13 10 1976. It is the case of the petitioner that in view of the said resolution the employees of the Corporation for whom no specific rule had been made by the Corporation, would be governed by the rules which are applicable to the State Government employees. According to the petitioner, since a post of Law Officer, Under Secretary (Law), Deputy Secretary (Legal), Joint Secretary (Legal), have been provided for in the Secretariat by virtue of the Orissa Secretariat Legal Service Recruitment Rules, 1977 and since he has put in more than five years of service as a Legal Assistant/ Assistant Law Officer, the opposite party should likewise create a post of Law Officer to which post he may have an opportunity of being promoted or else, his zeal to work will be adversely affected on account of stagnation for want of promotional opportunity. It is averred that time and again the petitioner had submitted representations to the opposite party setting forth his case, but as the same have gone unheeded, he has been compelled to approach this Court by way of this application for appropriaterelief.

(3.) THE post of Legal Advisor, as submitted by the opposite party, is a Class I post and as per the decision of the Board, it is to be occupied by a Member of the Superior Judicial Service (Junior Branch) who comes on deputation from the Orissa Superior Judicial Service and that this practice is continuing from the very inception. It is further submitted that the petitioner is also aware of this position and also the fact that the Legal Assistant or Assistant law Officer is an ex cadre post for which there was no promotional avenue. It is also submitted that the post of Legal Advisor carries a great deal of responsibilities and as such, should be manned by a senior judicial officer. It is also submitted that in view of the financial stringency, the Corporation is not of the view to create more permanent posts within its establishment as it is already over staffed.