LAWS(ORI)-1975-3-21

DAYANIDHI PATI Vs. STATE OF ORISSA AND ANOTHER

Decided On March 20, 1975
Dayanidhi Pati Appellant
V/S
State Of Orissa And Another Respondents

JUDGEMENT

(1.) Petitioner is employed in the Police Department of the State of Orissa as a sergeant. He has been called upon to take a confirmation test in order that he may be in the approved list for promotion to the next higher rank. He claims in this writ application that he must be deemed to have been confirmed with effect from 20th of Jan., 1967, the direction that he should take the confirmation test must be declared not to apply to him and he must be considered from promotion to the higher rank of R.I.

(2.) The Petitioner was selected on 20th of Jan., 1965, underwent prescribed training course and was appointed as a sergeant. Petitioner claims that after completion of two years from the date of initial recruitment, that is 20th of Jan., 1965, he must be taken to have been confirmed in the post of sergeant. In 1971 and 1972, for promotion to posts of R.Is, Petitioners' name was recommended and he was called for interview by the Central Selection Board. As vacancies were few and there were other seniors to petitioner be had no occasion for being promoted. In July, 1972, a circular was issued that hereafter only confirmed sergeants would be considered for promotion to the rank of R.I. Soon thereafter petitioner was called upon to appear at the confirmation test. In July, 1973, petitioners' name was recommended by the Superintendent of Police, Mayurbhanj, for consideration to the promotional post. Petitioner appeared before the Range Selection Board, but his name was not recommended to the Central Selection Board on the ground that he had not passed the confirmation test (vide annexures 5 and 6). Petitioner alleges that three others namely Sri B.C. Das, Sri D.N. Samal and Sri D. B. Dey had also not passed the confirmation test, but their names have been included in the approved list for promotion. In Aug., 1973, vide annexure-8, petitioner was again required to take the confirmation test Petitioner makes grievance that four persons, namely, Sri P.K. Babu, Sri P. N. Hota Sri B. Padhi and Sri U. C. Das, who are juniors have already been included in the approved list while petitioner has not been on the self same ground of his not having passed the confirmation test.

(3.) The opposite parties in their counter affidavit have justified their stand in requiring petitioner to take the confirmation test and they dispute the position that petitioner can be taken to have been confirmed.