CHITARANJAN SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioners have called in question the legality and propriety of the order dated 10.12.2001 passed by the learned Orissa Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter referred to as "Tribunal") in O.A. No.3414(C) of 1999 vide Annexure -14. By the said order, learned Tribunal came to hold that the Office Memorandum dated 16.12.1992 shall hold the field in the matter of recruitment of the Officers of Orissa Soil Conservation Service and the quota of direct recruitment shall be worked out according to the provisions laid down in the said Office Memorandum, within one year from the date of receipt of the order after which the merit list prepared by Orissa Public Service Commission (in short "OPSC") shall outlive its validity.

(2.) THIS case has a chequered history. Several cases were filed by different employees at different point of time before the learned Tribunal. Some of the cases had travelled from this Court to the Hon'ble Supreme Court. But then, the subject matter of dispute still remains quandary. Initially under the Agriculture Department, there was only one Directorate, namely, Director of Agriculture and Food Production. Thereafter, the Directorate of Horticulture and Directorate of Soil Conservation were created in the year 1977 and 1978 respectively. With regard to the recruitment to the Class -II (present Group -B) posts under the Directorate of Soil Conservation, no rule under proviso to Article 309 of the Constitution of India has been framed till yet. On 13.07.1976, the Government had issued a letter to the Director of Agriculture and Food Production prescribing the guidelines with regard to the method of recruitment to the posts of Asst. Soil Conservation Officers (hereinafter referred as "ASCOs"). After creation of Directorate of Soil Conservation, on 30.03.1982 another letter was issued by the Government to the Director of Soil Conservation (hereinafter referred as "1982 instructions") prescribing the method of recruitment to the post of ASCOs vide Annexure -1. The said letter provides that 50% of the vacancies arising in a year on the 1st day of August of the year in which the vacancy arises, shall be filled up by direct recruitment by persons having qualifications prescribed therein and the remaining 50% of the vacancies shall be filled up by promotion from amongst the Senior Soil Conservation Assistants on fulfilling the requisite criteria mentioned therein. Clause 2 of the notification provides that the principles enumerated therein shall remain in force till the recruitment rules in pursuance of the proviso to Article 309 of the Constitution of India are framed or till any further instructions are issued by the Government, whichever is earlier. The said letter was issued in supersession of the earlier letter dated 13.07.1976. A group of Asst. Soil Conservation Assistants filed O.A. No.131/1988 before the learned Tribunal praying therein that the entire recruitment should be done by way of promotion from the rank of Soil Conservation Assistants. A challenge was made to the prescription of 1:1 ratio between the direct recruits and promotees in the grade of ASCOs as fixed by 1982 instructions. By order dated 6.5.1991, learned Tribunal dismissed the said O.A.

(3.) CLAUSE 4(2) of the 1992 Office Memorandum provides that the recruitment to the posts in Soil Conservation Service, Class - II shall be made by direct recruitment in accordance with rule 5; and by promotion from among the Junior Soil Conservation Officers in accordance with rule 6.