STATE OF ORISSA Vs. SANKAR JENA

JUDGEMENT

(1.) THE question as to whether special provision for women in respect of employment can be made by the State in order to cater to the needs of adolescent girls and lactated women has arisen to be judicially decided in the present writ applications. The occasion has arisen as the Orissa Administrative Tribunal (hereinafter 'the Tribunal') has stuck down Rules 6(1) (b) and 7(2) (a) of the Orissa Children's and Women's Welfare Service Rules, 1989 (in short 'the 1989 Rules') framed by the State Government, which provided for an all women cadre for Child Development Project Officers under the Orissa Children's and Women's Welfare Service holding the same to be violative of the provisions of Article 16(2) of the Constitution of India. Therefore, in effect, as per the State, the Tribunal has set at naught the Policy of the State Government to create the aforesaid cadre for women purported to be in the interest of women and children.

(2.) O .J.G. Nos. 6689/99 and 671 3/99 have been filed by the State against the common order dated 14.10.1998 passed by the Tribunal in O.A. Nos. 2241/96 and 2814/96 respectively. Certain Supervisors under the Integrated Child Development Service Project alleging to have been affected by the impugned order passed in O.A. Nos. 2241/ 96 and 2814/96, have filed W.P.(C) Nos. 11562/2003 and 11563/2003 after rejection of their prayer for intervention by the order dated 27.4.2001 passed in O.J.C. No.6713/99 on the ground that they were not parties to the aforesaid O.As. before the Tribunal.

(3.) THE Tribunal heard both the Original Applications together and by common order dated 14.10.1998 declared that the provisions contained in Rules 6(1)(b) and 7(2)(a) of the 1989 Rules were not in conformity with the equality provisions as embodied in Articles 15 and 16 of the Constitution of India and thus could not be allowed to remain in the rule book and accordingly struck down the said rules. The Tribunal further directed the State to bring suitable amendment to the aforesaid 1989 Rules providing for promotion/appointment of both men and women to the posts of Supervisors, i.e., the feeder cadre for promotion to the rank of C.D.P.O.