STATE OF ODISHA Vs. RUSHAVA RANA

JUDGEMENT

(1.) In the writ petition filed under Article 226/227 of the Constitution of India, the petitioner-Government of Odisha in Food Supplies and Consumer Welfare Department, Bhubaneswar, by assailing the Order dtd. 3/2/2016 passed in Original Application being No.1569 of 2002 by the learned Odisha Administrative Tribunal, Bhubaneswar, vide Annexure-6, questioned the legal sanctity of direction to reconsider the cases of the opposite parties for regularisation of their services, as they had completed more than 20 years of service by the date of said Order, even while the contention of the petitioner, that the promotion of the opposite party Nos.1 to 3 as Junior Clerk-cum-Typist from Group D post and the opposite party No.4 on ad hoc basis is in contravention of the Odisha Ministerial Service (Method of Recruitment to Posts of Junior Clerks in the District Offices) Rules, 1985 (for brevity referred to as 'OMS Rules'), has been accepted by said Tribunal.

(2.) The facts, as adumbrated by the petitioner, reveal that the opposite party Nos.1 to 3, while working as Class-IV (Group-D) employees in different zones of the Legal Metrology Organisation, being selected for the promotion pursuant to recommendation of the Departmental Promotion Committee held on 25/9/1995 under the Chairmanship of the Controller, Legal Metrology, were appointed as Junior Clerk-cum-Junior Grade Typist in the pay scale of Rs.950.00 - Rs.1,500.00 vide Order dtd. 12/10/1995 issued by the Order of the Commissioner-cum-Secretary to Government, Food Supplies and Consumer Welfare Department, Directorate of Legal Metrology. Similarly, the opposite party No.4 was directly appointed by virtue of Office Order dtd. 12/2/1996 issued from the Directorate of Legal Metrology, Food Supplies and Consumer Welfare Department and posted as Junior Clerk-cum-Junior Grade Typist on ad hoc basis in the Office of the Assistant Controller, Legal Metrology, Keonjhar vide Order dtd. 28/12/1996 of the Controller, Legal Metrology, Odisha, Bhubaneswar, who is the senior most administrative officer heading the Metrology Department. While the opposite party Nos.1 to 3 joined respective duties on 12/10/1995, the opposite party No.4 joined on 12/2/1996.

(3.) Sri Amiya Kumar Mishra, learned Additional Government Advocate, appearing for the petitioner submitted that on consideration of objection against the Tentative Gradation List dtd. 5/9/2001 and as instructed by the Government of Odisha in Food Supplies and Consumer Welfare Department vide Order dtd. 10/12/2002 issued by the Under Secretary vide Letter No. FE-II-VI-M/18/2001- 27818/FS&CW, dtd. 10/12/2002, on the advice of the General Administrative Department to revert the opposite parties, who were promoted from the Class-IV posts, the names of the opposite parties were not placed in the Final Gradation List dtd. 16/11/2001. It is forcefully argued by the learned Additional Government Advocate that the promotions of the opposite parties were neither in consonance with the provisions of OMS Rules, 1985 (as amended in 2001) nor in terms of the Resolution dtd. 9/2/1994 of the General Administrative Department which fact was acceded to by the learned Odisha Administrative Tribunal in its Order dtd. 3/2/2016, and, hence, the direction contained therein for reconsideration of regularization of their services is not only fallacious but also incoherent.