STATE OF ODISHA Vs. SREEPATI RANJAN DASH

JUDGEMENT

(1.) This Appeal at the behest of the Commerce and Transport Department, Government of Odisha is directed against Judgment dtd. 24/2/2023 of the learned Single Judge of this Court passed in W.P.(C) No.35645 of 2021 (Sreepati Ranjan Dash) invoking Article 226/227 of the Constitution of India, whereby it has been concluded as follows:

(2.) Sreepati Ranjan Dash, the respondent (the petitioner in the writ petition), was initially appointed under the Odisha Civil Services (Rehabilitation Assistance) Rules, 1990 in the post of Junior Assistant in the Office of the Transport Commissioner-cum-Chairman, State Transport Authority (appellant No.2) vide appointment Letter dtd. 16/3/2013. Pursuant to the said appointment letter, the Respondent had joined in duty on 18/3/2013.

(3.) Counter-affidavit was filed by the appellants herein in the writ petition by contending that the post of Assistant Regional Transport Officer was created earlier with the objective to post them at Border Check Gates for collection and assessment of Motor Vehicle Tax, Passenger Tax and issue of permit. In absence of any Rules, the post of Assistant Regional Transport Officer was earlier being filled up by way of selection from different feeder cadres under the administrative control of Transport Department and in pursuance of the executive instruction issued by the Government on 17/11/1981 with subsequent modifications to it. Further, all the Border Check Gates have been abolished for free passage of inter-State movement of vehicle on the advice of the Central Government since April, 2017. After abolition of check gates, the post of Assistant Regional Transport Officer was adjusted in different Regional Transport Offices. The post of Assistant Regional Transport Officer comes under Group-C/Class-III and after restructuring, the same has been upgraded to Group-B/Class-II with effect from 17/10/2017. Pending finalization of the cadre Rules, the post has been filled up by way of selection from different posts such as Senior Assistant of Secretariat in the Transport Department, Senior Assistant of the State Transport Authority and other non-ministerial posts under the State Transport Authority/Regional Transport Offices. After the post of Senior Assistant of Secretariat was re-designated as Assistant Sec. Officer, it was not considered for selection to the post of Assistant Regional Transport Officer as per the above executive instruction.