RUSAV KUMAR SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioners, by means of these Writ Petitions, seek to quash the common Order dtd. 7/12/2016 passed in O.A. Nos.1407, 1403, 1406, 1408 and 1405, all of 2011, passed by the State Administrative Tribunal, Cuttack Bench, Cuttack, as well as the Order dtd. 3/5/2010 issued by the Chief District Medical Officer (CDMO), Angul, and to issue direction to the Opposite Parties to regularize their services as Pharmacists. Therefore, they are heard together and disposed of by this common judgment, which will govern all the cases.

(2.) The factual matrix of the cases, in brief, is that an Advertisement was issued by the Opposite Party No.3 for filling up of several Paramedical posts, including three posts of Pharmacists, on consolidated salary, out of which one post was reserved for ST, one for SEBC and one for UR. Accordingly, the Selection Committee, which was duly constituted, prepared a select list of 11 candidates of Pharmacists on 19/9/2015, on the basis of mark secured by them in the examination of Diploma in Pharmacy. Out of the said select list, appointment Order was issued to first three candidates, namely, Harapriya Sahoo, Chinmaya Pattnaik and Ajit Kumar Saho. Even though such appointment Orders were issued in favour of the candidates, the same were kept in abeyance, in view of the Interim Order of the Tribunal. Subsequently, after the Interim Order was vacated, appointment Orders were issued in favour of first three selected candidates on 30/6/2006. But, thereafter, Opposite Party No.1 permitted Opposite Party No.3 to fill up another two posts of Pharmacists from the waiting list. Accordingly, the candidates at Serial Nos. 4 and 5 were appointed. Again Opposite Party No.1 directed Opposite Party No.3 to take steps at his level for filling up of required number of posts, which were lying vacant. In compliance of the Order of Opposite Party No.1, the Petitioners were appointed against the vacant posts. But one Tapan Kumar Behera, who was not applicant for the post of Pharmacist, alleged violation of ORV Act and irregular appointment of Pharmacist in Angul District. Subsequently, the ADM, Angul, issued letter to the C.D.M.O., Angul, and directed to furnish a report regarding appointment of all Pharmacists. On 14/5/2009, the CDMO, Angul, submitted his report stating that appointments were made with the approval of the Selection Committee and as per the policy of the State Government. Consequentially, the allegation of Tapan Kumar Behera was dropped.

(3.) Learned Counsel appearing for the Petitioners, in respective Writ Petitions, unequivocally contended that the Petitioners have not committed any mistake. Rather, as because their names were reflected in the merit list, they have been appointed as per the requirement of the Government and, as such, they are continuing by virtue of the Interim Order passed by this Court. In the event their appointments are cancelled, they may be out of employment and the period of service they spent for the Government, will be rendered fruitless.