PRAVAT RANJAN MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) The applicant who was appointed as S.I. of Police in the year 2008 has come up with this Original Application with a prayer to be treated as a recruitee of the year 1992 -93.

(2.) THE case of the applicant as revealed in the Original Application may be briefly stated as follows: The applicant was a candidate for direct recruitment test held in the year 1992 -93 for the post of S.I. of Police. He cleared the written examination after which he appeared before the Medical Board on 12.2.1993 and was found medically fit. Thereafter he also appeared before the Central Selection Board for viva voce and psychological test. Since he was not finally selected he approached this Tribunal in O.A. No. 2798/(C)/1994 challenging the recruitment process. Though written examination carried 150 marks, the viva voce carried 100 marks which was objected to, by the applicant. Several other Original Applications were also filed. The Tribunal by their order dated 8.11.1996 disposed of all these (five) O. As. with a direction to reduce the marks fixed for viva voce test to 20 notionally and to proportionately arrive at marks secured by the candidates in the viva voce test dividing by 5, the marks secured by the candidates in viva voce test. The order of the Tribunal was however not compiled with for which I.P. No.133(C)/1997 was filed by the applicant. Since the said I.P. was dismissed by this Tribunal the applicant approached the Hon'ble High Court of Orissa in OJC No. 173/1998. The Hon'ble High Court while setting aside the order of the Tribunal directed the respondent no. 2 to implement the order passed by the Tribunal in O.A. by considering the case of all the candidates who had appeared in the viva voce test and not just the candidates who had approached the Tribunal. But respondent No.2 by wrongly interpreting the order of the Hon'ble High Court called only 32 persons to the physical fitness test and the applicant was also excluded. Hence the applicant again approached this Tribunal in O.A. No. 2033 (C)/2005. The Tribunal however dismissed the O.A. and the applicant challenged the order of dismissal in the Hon'ble High Court in W.P. (C) No. 13379/2005. Hon'ble High Court in their judgment dated 29.6.2007 (Annexure -6) set aside the order of the Tribunal and directed the respondents to give appointment to the applicant with the observation that the marks given to different candidates in the viva voce test was manipulated and the result of the viva voce test did not carry any value. In compliance to the order of the Hon'ble High Court the respondents issued order dated 1.10.2008 (Annexure -7) appointing the applicant as S.I. of Police. The applicant was posted as S.I. of Police at Cuttack as per the order of the Directorate General of Police dated 23.10.2008 at Annexure -8. Though the order of the Tribunal clearly directed that the applicant should be treated as an appointee of the year 1992 -93 the respondents treated him as an appointee of the year 2008. The applicant represented before the respondent No.2 for being treated as an appointee of the year 1992 -93. Since the respondents slept over the matter the applicant has filed this O.A. praying to be treated as an appointee of the year 1992 -93 with all service benefits including seniority.

(3.) THE learned standing counsel relied on the provisions of "Orissa Police Service (Conditions of Service and Method of Recruitment of Sub -Inspectors) Order 2006 hereinafter referred to as "the Order" 2006 at Annexure -C which came into force on the date of its publication in the Orissa Gazette. Hence it can have only prospective effect and no retrospective effect. The appointment of the applicant was not made in regular course it was made on the directions of the Hon'ble High Court and this Tribunal.