(1.) All the four writ applications involve common questions of fact and law and therefore, were heard together and are being disposed of by this common judgment.
(2.) On 20/10/2009, an advertisement being Advertisement No. 01/2009 was published by the National Institute of Science Education and Research, Bhubaneswar (NISER) (opposite party No.3) for filling up of nine different posts including Lab Technician. Six posts of Lab Technician were advertised carrying pay of Rs.5200.0020,200/- with grade pay of Rs.2000.00. The essential qualification for such post was Bachelor"s degree in Science with major in Physics/Chemistry/Biology with 45% marks and three years work experience in assisting faculty/researchers/students in a laboratory in an educational institution of national repute. Pursuant to such advertisement, the petitioner (in W.P.(C) No. 21895 of 2015) applied and faced a test/interview held on 15th and 16th, October, 2009. He was found suitable for appointment and accordingly by letter dtd. 20/10/2009 he was appointed as such.
(3.) In the counter affidavit filed by NISER it is stated that as per suggestion of Department of Atomic Energy, Government of India, the post of Laboratory Technician was re-designated as Laboratory Operator. As regards the petitioners" grievance, it is stated that the same has no force in law. Re-designation of 'Sec. Officer' as 'Assistant Personnel Officer' with enhancement of grade pay was done to maintain equality of cadre in all departments in D.A.E. It is further stated that as per clause 4.1 of the Recruitment Rules, 2014, the persons already holding the positions including Lab Operator shall suitably be re-designated in accordance with the grade pay as they are drawing and they shall retain their eligibility of service in the grade pay, irrespective of their previous designations. According to the opposite parties, this does not harm the petitioners in any manner. After coming into force of the Recruitment Rules, 2014, the essential qualification for Laboratory Operator (Lab Technician) was modified from Bachelors Degree in Science with 45% marks to +2 Science with minimum 60% marks. In the meantime, the petitioners have been promoted to the next higher post of Technician-C w.e.f. 1/7/2015. However, Scientific Assistant is a different cadre, the recruitment and promotion for which are different from the Technician Cadre. There is no provision under the Recruitment Rules, 2014 for change of cadre from Technician to Scientific Assistant. On such grounds, the prayer of the petitioner was rightly rejected.