LAWS(ORI)-2022-12-75

ALOK KUMAR PRADHAN Vs. STATE OF ORISSA

Decided On December 07, 2022
Alok Kumar Pradhan Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) In the present Writ Petition, a prayer has been made to quash the letter dtd. 24/5/2019, as at Annexure-6, vide which the Opposite Party No.2 rejected the proposal submitted by the Project Director, DRDA, Nayagarh-Opposite Party No.4, to treat the vacancy of the post of Computer Programmer in Khandapara Block as filled up and release allotment towards remuneration of Computer Programmer in the said Block in favour of the Petitioner.

(2.) The factual matrix leading to filing of the present Writ Petition is that the Petitioner passed HSC in the year, 1990, BCA in the year, 2006 and MCA in the year, 2014. While he was serving as Computer Programmer in Khandapara Block in the District of Nayagarh since 26/12/2006, the Opposite Party No.4 published an advertisement on 21/4/2008 inviting applications from eligible candidates for appointment of Computer Programmer in the said Block i.e. the post in which the present Petitioner is serving.

(3.) Being aggrieved by such advertisement dtd. 21/4/2008, the Petitioner approached this Court in W.P.(C) No.6512/2008 praying therein to quash the said advertisement issued by the Opposite Party No.4. The Writ Petition was disposed of on 20/2/2014 by quashing the advertisement dtd. 21/4/2008, with an observation that since the Petitioner is continuing in the post of Computer Programmer in Khandapara Block and there was no vacancy to issue 2nd advertisement dtd. 21/4/2008, the same is liable to be quashed and accordingly, the said advertisement was quashed. It was further observed vide the said Order that it is open to the Authority to take consequential action, if the appointment Order issued in favour of the Petitioner is without following the selection process.