NABA KISHORE MOHARANA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner in this writ application has prayed for a direction to the opposite parties to consider his case for appointment against the post of Mechanical Grade II and pay salary in the scale prescribed for the grade with effect from 23-2-1994.

(2.) Case of the petitioner is that on 3-9-92 an advertisement was issued for appointment to the post of Mechanic Grade II and the scale prescribed for the said grade was Rs. 1400-2300/-. Pursuant to the said advertisement, the petitioner applied and on 10-5-1993 the petitioner was asked to appear before the Selection Committee. After selection process was over, a merit list was prepared and the petitioner was assigned second position and one Bansidhar Swain was asslgried in the first place in the merit list. By order dated 6-7-93 said Bansidhar Swain was allowed to join as Mechanic Grade ii and on 9-2-1994 the petitioner was allowed to join against Mechanic Grade III (Blacksmith) even though Sri Bansidhar Swain did not join in the post of Mechanic Grade II. Further case of the petitioner is that since he had applied for appointment against Grade II post and the person who stood first did not accept the job, the petitioner should have been appointed against Grade II post as he stood second in the interview. Instead of doing so the petitioner was appointed against the Mechanic Grade III post which is a lower post with a pay of Rs. 1050/- per month. On 2-1-1995 when the petitioner requested the opposite party No. 3 to absorb him against the post of Mechanic Grade II he was assured that his case would be considered at a later stage. It is stated in the writ application that though the petitioner has been appointed against Grade III post, he is discharging duties of Grade II post all through. Therefore, this writ application has been filed for a direction to appoint the petitioner in Grade II Mechanic and pay him the scale of pay attached to the said post from 23-2-1994.

(3.) Counter has been filed on behalf of the opposite party No. 3 wherein it is stated that pursuant to advertisement the petitioner had appeared in the selection test for appointment against the post of Mechanic Grade II (Blacksmith). At the time of selection it was found that there was a huge gap between the marks obtained by the petitioner and Sri Bansidhar Swain who stood first in the said selection. Therefore, the Selection Committee recommended for appointment of the petitioner against the post of Mechanic Grade III which is next lower post and accordingly appointment order was issued in favour of the petitioner. At that point of time the petitioner did not make any grievance and joined in the post and after lapse of almost four years approached this Court for appointment against the post of Mechanic Grade II.