STATE OF ODISHA Vs. PRADEEP ACHARYA

JUDGEMENT

(1.) The petitioners, who are the State functionaries, have filed this writ petition seeking to quash the order dtd. 24/6/2014 passed by the Odisha Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 221 (C) of 2011, whereby the Tribunal has quashed the order of reversion dtd. 10/1/2011 of opposite party no.1 from the post of Auditor to Junior Clerk and directed the present petitioners to extend all financial and service benefits of the post of Auditor from the date opposite party no.1 was reverted to the post of Junior Clerk.

(2.) The factual matrix of the case, in precise, is that, opposite party no.1, who was applicant before Tribunal, was issued with an appointment order in the post of Auditor of Cooperative Society on 22/1/2009 under the Odisha Civil Service (Rehabilitation Assistance) Rules, 1990 and was directed to join in the office of the Assistant Auditor General, Cooperative Societies, Cuttack-I in the Pay Band-2 in the scale of pay of Rs.9300.0034800/- with Grade Pay of Rs.4200.00 per month. Pursuant to such appointment order, opposite party no.1 submitted his joining report on 27/1/2009. Thereafter, he was transferred from Cuttack to Dhenkanal on 11/6/2009, pursuant to which he was relieved from the post on 6/7/2009 and joined at Dhenkanal on 13/7/2009.

(3.) Mr. A.K. Mishra, learned Addl. Government Advocate appearing for the State-petitioners admitted the fact that opposite party no.1 was appointed as an Auditor under OCS (RA) Rules, 1990 on 22/1/2009, pursuant to which he joined on 27/1/2009 and continued under the Assistant Auditor General, Cooperative Societies, Cuttack till 11/6/2009, when he was transferred from Cuttack to Dhenkanal and posted under petitioner no.3. Pursuant to such order of transfer, opposite party no.1 was relieved from the post on 6/7/2009 and joined at Dhenkanal on 13/7/2009. Though such appointment was on temporary basis, the matter was placed before the Government for its approval. At that point of time, it was revealed that such appointment was made in violation of Rule 7 of the OCS (RA) Rules, 1990, because the appointment should be made in base level either in Group-C or Group-D and in no way the pay scale should exceed Rs.6000.00 and 3000/-respectively as per the pre-revised scale. But the post of Auditor carries Pay Band-2 in the scale of pay of Rs.9,300.0034800/- with Grade Pay of Rs.4200.00 per month. Therefore, the appointment of opposite party no.1 in the post of Auditor was absolutely contrary to the provisions of the Rules. More so, it is contended that opposite party no.1 had also filed a representation on 15/9/2009 for his reversion from Auditor to the post of Junior Clerk, but by filing another representation on 17/9/2009 he withdrew the representation dtd. 15/9/2009. But again filed a representation on 3/2/2010 through proper channel for absorbing him in the post of Junior Clerk on the ground that he is unable to perform the work assigned to him as Auditor. The same was considered and as a consequence thereof vide order dtd. 10/1/2011 he was reverted to the post of Junior Clerk in the interest of the State as well as the distress family and was posted in the office of Assistant Auditor General, Cooperative Societies, Keonjhar against the existing vacancy, as there was no vacancy in the office of the Assistant Auditor General of Cooperative Societies, Dhenkanal in the rank of Junior Clerk. Because of such order, the pay of opposite party no.1 was reduced. As the order of reversion was passed in the interest of the State as well as on the request made by the opposite party no.1, it cannot be construed to be a punishment. Therefore, the Tribunal has committed gross error apparent on the face of record in passing the order impugned dtd. 24/6/2014 allowing the opposite party no.1 to continue in the post of Auditor, for which the same cannot be sustained and is liable to be quashed.