MOHAN KANHAR Vs. STATE OF ODISHA

JUDGEMENT

(1.) This Review Petition has been filed seeking review/recalling of order dtd. 10/4/2023, so passed by this Court in W.P.C(OAC) No.2105 of 2017 and with a further prayer to direct Opp. Party Nos.1 to 3 to select and give appointment to the Review-Petitioner as against the post of Asst. Sec. Officer in place of Opp. Party No.4.

(2.) It is the case of the Review-Petitioner that pursuant to the advertisement issued by the Odisha Public Service Commission (in short 'Commission') vide Advertisement No.08 of 2012-13 for recruitment of Asst. Sec. Officer of Governors' Secretariat and State Secretariat, the Review-Petitioner made his application as a S.T. candidate. It is contended that in terms of the advertisement issued by the Commission, the Written Test was held on 29/11/2015 and 30/11/2015 in respect of all the subjects in different sitting and different centers of the State.

(3.) Mr. S.K. Das, learned counsel for O.P. No.4/Petitioner (in W.P.C(OAC) No.2105 of 2017) made his submission basing on the stand taken in the counter affidavit, so filed in the present Review Petition. It is contended that pursuant to the advertisement issued by the Commission vide Advertisement No.08 of 2012-13, the name of Opp. Party No.4 was reflected in the final select list published by the Commission on 10/9/2016. Pursuant to the merit list so published on 10/9/2016, Opp. Party No.4 was issued with the order of appointment as against the vacancy meant for S.T. category vide order of appointment issued on 5/10/2016. It is contended that since at the relevant point of time, Opp. Party No.4 was serving as an Engineer in TCS, he tendered his resignation and on being relived from TCS on 31/10/2016, he joined as an Assistant Sec. Officer on 1/11/2016 in terms of order of appointment issued on 5/10/2016.