STATE OF ODISHA Vs. PRASANTA KUMAR SWAIN

JUDGEMENT

(1.) This writ petition by the State of Odisha through the Forest and Environment Department challenges an order dtd. 14/11/2012 passed by the State Administrative Tribunal, Bhubaneswar ('Tribunal') in O.A. No.163 of 2008 whereby a direction was issued to the Petitioners to regularize the services of the Opposite Party by relaxing Rule 3(1) of the Orissa Ministerial Services (Method of Recruitment to the Post of Junior Clerk to the District Offices) Rules, 1985 ('OMS Rules, 1985') by issuing a notification and giving him all consequential service and financial benefits with effect from 24/11/1984.

(2.) The background facts are that the Opposite Party was initially appointed as a Junior Clerk on ad hoc basis for a period of 89 days by an order dtd. 27/9/1984 issued by the Working Plan Officer, Koraput Circle for the period from 10/9/1984 to 7/12/1984 on the pay scale of Rs.255.00390/-with D.A. and A.D.A as admissible from time to time. It was stated that "the appointment is purely temporary and terminable at any time without any notice assigning any reason thereof."By a subsequent order dtd. 24/11/1984 the Opposite Party was again appointed as Junior Clerk and allowed to continue as such until further orders. It was reiterated that the appointment was 'purely temporary and terminable at any time without any notice assigning any reason thereof". The admitted position is that Opposite Party continued as such.

(3.) In the meanwhile, on 17/4/1987 the Chief Secretary to the Government wrote to the Secretaries of all the Departments of the Government stating that they should immediately terminate the services of adhoc/temporary employees and to fill up the vacancies by the candidates from the list drawn up by the Collectors. Despite this, the Opposite Party continued as Junior Clerk.