STATE OF ODISHA Vs. AMARENDRA MALLICK

JUDGEMENT

(1.) THE CHALLENGE: 1. Assailing Order dtd. 17/2/2012 of the Learned Odisha Administrative Tribunal, Bhubaneswar passed in Original Application bearing O.A. No.490 of 2000 with a direction to reinstate Amarendra Mallick (Applicant) in promotional post as recommended to the Odisha Public Service Commission being found suitable by the Departmental Promotion Committee vide Meeting dtd. 3/6/1997 with reference to Sec. 6 of the Odisha Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975 (for brevity, 'ORV Act') and further direction to treat the period between reversion and subsequent promotion as ad hoc promotion, the petitioners-State of Odisha have approached this Court under Article 227 of the Constitution of India with the following prayer(s):

(2.) Amarendra Mallick, belonging to Scheduled Caste community, entered in Government Service on 21/12/1986 as a Junior Employment Officer, and is guided by the Odisha Employment Services, Class-II (Recruitment and Conditions of Service) Rules, 1990 framed under proviso to Article 309 of the Constitution of India. Having completed five years of experience in the post of Junior Employment Officer ('JEO', for short), Amarendra Mallik (hereinafter referred to as 'Applicant') acquired eligibility for promotion by 1991 and the Departmental Promotion Committee found him suitable in its Meeting held in 3/6/1997. Consequent thereto his name was duly recommended vide Letter dtd. 23/6/1997 to the Odisha Public Service Commission (in short, 'OPSC') for promotion to the post of District Employment Officer ('DEO', for convenience) and the Applicant, being transferred from Nuapada to Kalahandi, joined on 16/7/1997 in the said promotional post.

(3.) Having been found suitable in the Departmental Promotion Committee, which has duly recommended his name for promotion, the Applicant joined in the promotional post and worked as DEO since 1997. Thus, there was little scope for the OPSC not to accord concurrence.