PRIYATAMA JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ petition is directed against the order of the Orissa Administrative Tribunal, Cuttack Bench, Cuttack dated 23.11.2011 passed in O.A. No.84 (C) of 1999. The petitioner was the applicant before the Tribunal.

(2.) THE facts leading to filing of the Original Application before the Tribunal are as follows: An advertisement was issued on 20.6.1991 inviting applications for appointment to the posts of Junior Lecturers in the Higher Secondary Wing/Schools in the Government institutions in Class-II OES service in the scale of Rs.2,000-3,500/-. Several applications were received for appointment to different disciplines and through a screening test and interview conducted by the Selection Board, candidates were selected for such appointment. Appointment letters were issued to the selected candidates indicating therein that their appointment was on ad hoc basis with effect from the date of joining in the respective Colleges and they were to continue on ad hoc basis till 30.4.1992 or until further orders whichever was earlier. Challenging such conditional appointment, a batch of Original Applications were filed before the Tribunal and it was contended that the appointment letters were not in conformity with the advertisement and their appointments were made against regular vacancies and they were to be regularized in consultation with the Orissa Public Service Commission but it was made conditional in contravention of the conditions laid down in the advertisement. It was further contended before the Tribunal in the batch of cases that there had been no consultation with the Orissa Public Service Commission till hearing of the Original Application and there was also no reason to confine their appointment till 30.4.1992. THE condition imposed in the appointment order was arbitrary and illegal. THE Tribunal disposed of the said batch of cases on 14.5.1993 with the following direction: