PRATAP KUMAR RATH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner, who was Respondent No. 3 in O.A. No. 1712 of 2002 pending before the Orissa Administrative Tribunal, Principal Bench, Bhubaneswar filed by one Susanta Kumar Das, has filed this present Writ Application challenging the Order dated 16.7.2004 passed in M.P. No. 1244 of 2003 filed by the State Government for obtaining leave to fill up the post of Professor in Surgery Department. By Order dated 9.5.2003 the Tribunal directed as follows :

(2.) THE petitioner's contention is that he is the senior most Assistant Professor in the Department of Surgery. Even though the petitioner along with Opposite Party No. 4 was selected by the Orissa Public Service Commission for appointment to the post of Lecturer in Surgery by Notification dated 10.9.1986 and the petitioner was promoted as Assistant Professor in September, 1992 and Opp. Party No. 4 was promoted in December, 1998 with retrospective effect from the date of promotion of the petitioner in September, 1992 the same is de hors the Rules since Opp. Party No. 4 was not fulfilling eligibility criteria to be selected and promoted to the post of Assistant Professor.

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