SARBESWAR BARIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The present writ appeal is directed against the impugned judgment dtd. 13/1/2016 passed by the learned Single Judge in W.P.(C) No. 6872 of 2004 upholding reversion order dtd. 17/5/2004 whereby the appellant was reverted from the post of Junior Assistant to Tax Collector which according to the Appellant was contrary to the Government guidelines and instructions. The second prayer in the writ petition which was rejected by the learned Single Judge was for a direction to the Respondent-State to regularize the services of the Appellant as Junior Assistant in which post he was continuing since 23/12/1991.

(2.) It requires to be noticed in W.P.(C) No. 6872 of 2004, initially an interim order was passed on 10/8/2004 requiring status quo to be maintained in respect of the Appellant's services. Further, even in the present writ appeal by the order dtd. 18/2/2016 the status quo order was continued. As a result, the Appellant has been continuing as such.

(3.) The question that arose was whether the appointment of the appellant Junior Assistant in the Local Fund Service (LFS) cadre was illegal or irregular? According to the learned Single Judge it was mandatory for appointment to the post of Junior Assistant that selection had to be made by a Selection Committee constituted under Rule 7 of the Orissa Local Fund Services Rules 1975 (1975 rules). For the purposes of Rule 7 concurrence for promotion had to be obtained from the Director Municipal Administration. Inasmuch as no such concurrence was shown to have obtained, the learned Single Judge held that the initial appointment was illegal and rejected the prayer of the Appellant.