PRADEEP KUMAR BAI Vs. DISTRICT JUDGE, KORAPUT

JUDGEMENT

(1.) In the present writ petition challenge has been made to the order dated 07.06.2010 under Annexure-5 passed by the learned District Judge, Koraput by which the service of the petitioner has been terminated.

(2.) The case of the petitioner in a nutshell is that opposite party No.1-District Judge, Koraput vide its advertisement dated 14.08.1992 invited applications for filling up of the posts of Junior Clerk, Junior Typistand Junior Stenographers. The petitioner applied for the post of Junior Clerk. He appeared in the written examination as well as viva-voice test. Thereafter, a selection list of Junior Clerks was published on 13.10.1993 comprising of 119 candidates, wherein the petitioner found placed at serial No.25. Pursuant to the said selection list, 19 candidates were appointed vide order dated 02.11.1993. The petitioner s grievance is that one Sabita Kumari Patri, whose serial No.22, was appointed on ladies quota out of turn even if the said advertisement was silent about any reservation for ladies. Similarly one M. Srinivas Rao whose serial number was 61 got appointment on 05.01.1995 on physically handicapped quota pursuant to the order of this Court dated 02.11.1993 passed in O.J.C. No.9860 of 1993. Another person, namely, Nimain Charan Biswal whose serial number being 14 also got appointment on 04.09.1997 pursuant to the order of this Court dated 19.08.1997 passed in O.J.C. No.6987 of 1995 wherein this Court directed opposite party No.1 to offer appointment to Sri Biswal by relaxing his age as he was over-aged at the time of appointment.

(3.) The petitioner approached this Court in O.J.C. No.2466 of 1995 and this Court vide order dated 10.08.1995, disposed of the said writ petition with a direction that no fresh general candidate will be appointed to the post of Junior Clerk till the present list of October, 1993 is exhausted. It was further directed that the order given in the list will be followed while issuing appointment orders. Pursuant to the said order, appointment was given to the candidates. The petitioner waited till appointment of the candidate having serial No.24 was given on 08.10.1996. Since no appointment order was issued to the petitioner, he filed a Misc. Case No.3767 of 1997 arising out of O.J.C. No.2466 of 1995 before this Court for his appointment. This Court vide order dated 16.07.1997 disposed of the said Misc. Case observing that since the candidate occupying 24 th position in the select list has got appointment, the next vacancy would obviously go to the petitioner.