SURESH CHANDRA SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner has filed this writ application challenging the Order Dated 09.05.2000 keeping in abeyance the order of his promotion dated 18.03.2000 & cancellation thereof by Order Dated 20.11.2000 under Annexure 11 pursuant to a letter dated 3.11.2000 of the Government of Orissa Housing & Urban Development Department. The brief fact of the case, in hand, is that the Petitioner was appointed as Warrant Sarkar under the Balasore Municipality on 22.07.1983 vide Annexure-1 pursuant to which he joined on 26.07.1983 vide Annexure-2. Subsequently, the said post of Warrant Sarkar was re-designated as Assistant Tax Collector. While the Petitioner was continuing as such, on 11.01.1995 he was directed to collect Holding Tax in Circle-1 of Balasore Municipality in place of Ananta Prasad Mohanty (on leave) till he joined his duty vide Annexure-3. Thereafter the Petitioner was directed to collect Holding Tax in Circle-I until further orders & also to take charge of the copy demand & receipt book etc from Tax Daroga on dated 20.09.1995 vide Annexure-4. On 01.12.1997, the Petitioner made a representation vide Annexure-7 to the Chairperson, Balasore Municipality with a prayer to give him promotion to the post of Holding Tax Collector. By following a due procedure of selection & pursuant to the resolution of the Selection Committee dated 03.01.2000, the Petitioner was promoted to the post of Holding Tax Collector against a permanent vacancy as per the order of the Opp. Party No. 3 dated 18.03.2000 under Annexure-8. Accordingly, the Petitioner joined on the very same date vide Annexure-9. Without assigning any reason, the promotion accorded to the Petitioner was kept in abeyance as per the order of the Opp. Party No. 3 dated 09.05.2000 under Annexure-10 & subsequently, the promotion accorded to the Petitioner was cancelled as per the order of the Opp. Party No. 3 dated 20.11.2000 under Annexure-11. Finding no other way out, the Petitioner made representation on 27.11.2000 under Annexure-12 praying to revoke the cancellation order of promotion & to allow him to continue in the post of Holding Tax Collector. When that representation was pending, the Petitioner filed the writ application seeking to quash Annexures-10 & 11.

(2.) While entertaining the writ application, this Court issued notice to the Opp. Parties & passed interim order on 14.03.2001 in Misc. Case No. 2100 of 2001 directing maintenance of status quo with regard to the post of Holding Tax Collector of the Balasore Municipality. Violating the said interim Order Dated 14.03.2001, the Petitioner, who was collecting the Holding Tax from Circle No. 1 was withdrawn from the said Circle & was posted as Octroi Tax Peon (O.T.P.) on 13.09.2007. Therefore, CONTC No. 1386 of 2007 was filed by the Petitioner for violation of the interim Order Dated 14.03.2001.

(3.) Mr. H.M. Dhal, Learned Counsel for the Petitioner strenuously urged that the Petitioner was given promotion vide Annexure-8 to the post of Holding Tax Collector in the scale of pay was Rs. 800-1150 by following due procedure of selection pursuant to the selection committee resolution dated 03.01.2000. In compliance with the same, the Petitioner joined on the very same date. While he was continuing in the said promotional post, without following due procedure of selection, the order of promotion dated 18.03.2000 under Annexure-9 was kept in abeyance vide Annexure-10. Thereafter, without affording opportunity of hearing to the Petitioner, the order of promotion was cancelled vide Order Dated 20.11.2000 under Annexure-11, thereby, violating the principles of natural justice. Due to arbitrary & unreasonable exercise of power by the authorities, the impugned orders have been passed depriving the Petitioner of continuing in the promotional post.