BISWANATH SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application under Articles 226 and 227 of the Constitution of India praying for issue of a writ to quash an order dated 14 -3 -1964 selecting Sri T.S. Rao as Grade I stenographer and transferring the Petitioner to his place. Facts given by the Petitioner are as follows. He was originally employed as Grade II stenographer in the office of the Commissioner of Commercial Taxes. Orissa at Cuttack (hereinafter referred to as office of the Commissioner) in October 1956. The said post was upgraded by an order of the Government dated 13 -9 -1963. Government of Orissa had approved the formation of a separate cadre in the office of the Commissioner for the purpose of recruitment, promotion etc. The ministerial staff in the offices of different ranges under the Assistant Commissioner of Commercial Taxes (hereinafter referred to as the office of the Assistant Commissioner) had been formed into a separate cadre. On 4 -10 -1963 the Commissioner issued a circular that the stenographers working in his office and in the range offices were permitted to compete a test for selection of a candidate for the aforesaid upgraded post. On 9 -1 0 -1963 a test was held by the State Representative Sri L.C. Sahu in which the Petitioner stood first amongst five candidates. On 14 -3 -1964 the Commissioner appointed Sri T.S. Rao, who was a Grade II stenographer in the office of the Assistant Commissioner, Sambalpur, as Grade I stenographer in the upgraded post though he did not appear at the test held for the purpose of selection. The Petitioner challenges the validity of this appointment and his own transfer to Sambalpur and claims that he is entitled to be promoted to the Grade I post.

(2.) STATE of Orissa filed a counter -affidavit in which most of the facts are not disputed. Essentially their case is that even though the ministerial grade in the subordinate offices is separate from that of the office of the Commissioner, 25% of the vacancy of the upper division post in the office of the Commissioner is fined up by promotion from the subordinate ministerial staff. In the office of the Commissioner there are three grades of stenographers, namely, Grades I, II and III. Whenever a vacancy occurs in any grade, candidate next below the grade in which vacancy is caused are considered. No particular candidate has right of promotion. Cases of stenographers in different range offices are taken consideration as all the subordinate offices are subject to over all administrative control of the Commissioner. Most suitable candidate h promoted having due regard for seniority. That the Petitioner was the senior most Grade II stenographer in the office of the Commissioner is not disputed. On 3 -10 -1963 an order had been passed to hold a test on 19 -10 -1963 of all Grade I stenographers of the Commercial Taxes Department in order to fill up the said upgraded post. After Finance Department letter dated 1 -5 -1962 to the effect that promotion to the post of Grade II stenographer was to he Dane on the basis of seniority and suitability, was brought to the notice of the Commissioner, an order was passed by him on 12 -10 -1963 that the upgraded post should be filled up on the basis of seniority and suitability and that no test was to be held. In accordance with this order the State Representative should not have conducted the examination on 19 -10 -1963 without further order. The test conducted cannot constitute the basis for selection. On the basis of seniority and suitability Sri T.S. Rao, the senior most Grade II stenographer, was appointed to the upgraded post. In the appointment there was no violation of departmental rules or the principles of natural justice. Petitioner had no right to claim promotion to a particular post.

(3.) TO appreciate the contentions the order dated 14.3.1964 passed by the Commissioner may be quoted Office of The Commissioner of Commercial Taxes, Orissa Order No. 1 -86 Est 63 -6932 -CT, Dated Cuttack, the 14th March, 1964.