RAMACHANDRA SAMAL Vs. STATE OF ORISSA

JUDGEMENT

(1.) FACTS of this O.A., bereft of unnecessary details, are that the applicant was appointed as a Para Medical Worker in the Leprosy Eradication Unit, Balasore, and was allowed to undergo diploma in health education training at FWTR centre, Bombay, alongwith three others, on deputation basis, and obtained such certificate in 1992. A gradation list as on 31.12.1994 was circulated vide letter dated 4.8.1992 indicating the applicant at SI. No. 607, whereas opposite parties No.3 and 4 were placed at SI. No.655 and 763 respectively. However, DPC dated 7.6.1997 for selection as Block Extension Educator selected opposite parties No.3 and 4 and promoted them as per order No. 3421 dated 2.8.1997, (Annexure -4), ignoring the seniority of the applicant as indicated in gradation list as on 3.12.1991 circulated vide letter dated 4.8.1992, (Annexure -2), though there are no rules for selection as Block Extension Educators. In this O.A., the applicant has primarily prayed that he be considered for appointment as Block Extension Educator from the date opposite parties No.3 and 4 were appointed.

(2.) COUNTER dated 2.1.1998 has been filed in this case stating that the principle of seniority -cum -merit was followed in such promotions and that weightage was given to diploma in Health Education and five years CCRs, and on the basis of such marks, as per details in comments on paragraph 6.4 in the counter, opposite parties No.3 and 4 secured higher marks than the applicant and were thus selected.

(3.) IT is now to be decided if the applicant has a reasonable claim for selection as Block Extension Educator from the date his alleged juniors in .the gradation list were selected.