DR. NIRYANANDA MOHAPTRA Vs. STATE OF ORISSA REPRESENTED THROUGH ITS SECRETARY TO GOVT AGRICULTURE DEPARTMENT AND OTHERS

JUDGEMENT

(1.) The petitioner in an application under Articles 226 and 227 of the Constitution of India challenges the promotion of opp. party nos. 2 to 5 from Class II to Class I of the Orissa Agriculture Service aid prays for a writ of Mandamus directing opp. party no. 1 to retrospectively consider his case for promotion in vacancies in Class I Orissa Agriculture Service filled up by opp. party nos. 2 to 5 by promotion. In the same application, he also prays that he may be declared to be a member of the Class II Orissa Agriculture Service (General) with effect from 5-4-58 and senior to opp. party nos. 2 to 5 in the said class.

(2.) The short facts giving rise to this application as alleged by the petitioner are as follows - The petitioner is holding the post of Sugarcane Development Officer, and as such is a member of Class II of the Orissa Agriculture Service (General). He was directly appointed to the said post on 5-4-58. Opp party nos. 2 to 5 were Supervisors of Agriculture (non-gazetted) They were promoted to class II Orissa Agriculture Service on different dates subsequent to the date of appointment of the petitioner to the said service Therefore, the petitioner is senior to opp. party nos. 2 to 5 in Class II Service. Promotion to Class I Orissa Agriculture Service is made on the basis of seniority cum merit from amongst Class II officers, in spite of this, opp. party nos 2 to 5 have been promoted to class I Orissa Agriculture Service between 28-2-70 and 17-11-70 in supersession of the claim of the petitioner on an erroneous assumption that the petitioner is junior to them.

(3.) The petitioner is a B. Sc. (Agri) of Agra University. He obtained associateship of Indian Agricultural Research Institute, Delhi after intensive training tor two years and after passing the examination prescribed by the Institute. He also studied Agronomy in the University of Queens Land, Brisban in Australia for two years and obtained Ph D. degree from the said University Opp. party nos 2 to 3 are B Sc. (Agri) from different Universities of India and none of them has any post graduate qualification. The petitioner jointed service as Agricultural Overseer on 14-9-53 when opp. party nos. 2 to 5 were already serving as such Therefore, opp. party nos. 2 to 5 were senior to the petitioner in the cadre of Agricultural Overseers. During the period from 1954 to 1956 the petitioner was on study leave. In 1956, he obtained the associateship from the Indian Agricultural Research Institute, Delhi. On 1-10-56, he was appointed as Agricultural Supervisor. As an Agricultural Supervisor the petitioner was also junior to opp. party nos. 2 to 5