SUKANTA SETHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, by means of this writ petition, seeks to quash the final gradation list of Chief Fire Officers published by opposite party no.1 in letter no. 15658/CD dtd. 15/4/2021 under Annexure-5, and to issue direction to opposite party no.1 to restore the seniority of the petitioner over and above the opposite party no.4 and consider him for promotion to such higher post and to grant him all consequential service and financial benefits within a stipulated period.

(2.) The factual matrix of the case, in short, is that the State Government issued an advertisement, which was published during the year 1984 to fill up vacancies of Station Officer in Odisha Fire Service Organization. The recruitment process was conducted by the Central Selection Board on 9th and 10/2/1984. In the said recruitment process, 13 candidates were short listed for appointment to the post of the Station Officer in Odisha Fire Service. They were appointed in two dates, i.e., on 24/2/1984 (ten candidates) and 29/3/1984 (three candidates), pursuant to which they joined on 7/3/1984 and 30/3/1984 respectively. The petitioner joined on 7/3/1984 and the opposite party no.4 joined on 30/3/1984. The petitioner and opposite party no.4 belonged to one select list prepared by the Central Selection Board. After fulfilling the official procedure, all 13 candidates were put to prescribed Station Officers' course of training in a single batch, i.e. 8th batch of Station Officer Course of training at Odisha Fire Service Training Institute, Bhubaneswar. After completion of training course, the final examination was conducted, in which opposite party no.4 secured 1st position, whereas petitioner secured 11th position.

(3.) Mr. S.K.Das, learned counsel for the petitioner argued with vehemence that pursuant to the advertisement issued by the State for filling up of 10 numbers of Station Officers in the Fire Service, the petitioner applied for, got selected and was appointed, along with 9 others, vide office order no. 12/FS dtd. 24/2/1984, and joined the post on 7/3/1984. The position of the petitioner in the said list was at serial no.9, whereas the name of the opposite party no.4 was not at all found place therein, though he had applied pursuant to the same advertisement. But subsequently, the opposite party no.4 was appointed as Station Officer on 29/3/1984 and he joined on 30/3/1984 against a subsequent vacancy, which was not advertised in the initial advertisement or in any further advertisement. Therefore, it is contended that the entry into service of opposite party no.4 is void ab initio, as he was not appointed against 10 nos. of advertised post. As the opposite party no.4 was appointed against the created or fall vacant post beyond the advertised vacancy, his appointment is illegal. It is further contended that the petitioner is senior to opposite party no.4 in entry grade as well as subsequent promotional posts till he was promoted to Chief Fire Officer and at all the stages the opposite party no.4 was shown as junior to the petitioner having promoted subsequently.