KESHAB CHANDRA NAYAK Vs. CHAIRMAN

JUDGEMENT

(1.) THIS writ petition has been filed against the judgment and order dated 12th March, 1998 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. Nos. 669 of 1990 and 670 of 1990, filed by the instant petitioner and one Gobardhan Jena respectively. By the impugned order, the Tribunal dismissed both the O.As. In the present writ petition, we are concerned with O.A. No.669 of 1990.

(2.) THE brief facts of the case are that the petitioner after acquiring the qualification of Matriculation was initially appointed as Chain Man on 16.06.1972 and was subsequently promoted to the post of Amin on 02.08.1972 in the Valuation Organization of the Housing and Urban Development Department. At that time, a question had arisen to fill up the post of Revenue Supervisor. The Director, Municipal Administration, who was also the appointing authority in respect of the post of Revenue Supervisor, decided to fill up the vacant post from amongst the qualified Amins, who were Matriculates.

(3.) CONSEQUENTLY , the petitioner and one Gobardhan Jena were selected, as they were having Matriculation qualification and were given promotion to the posts of Revenue Supervisor. One of the Amins,namely, Bhagirathi Nayak, who was not selected for promotion on the post of Revenue Supervisor being not qualified, as he was not having Matriculation qualification, approached the Orissa Administrative Tribunal by filing O.A. No.270 of 1986 challenging the appointment of the petitioner and one Gobardhan Jena on the post of Revenue Supervisor with a prayer that he should be considered for promotion to the post of Revenue Supervisor. The Tribunal vide its judgment and order dated 18th August, 1988 decided the O.A. by holding that Bhagirathi Nayak, applicant before it, was entitled to be considered for promotion to the post of Revenue Supervisor when the petitioner and the other person had been given promotion and non -consideration of his case for promotion amounted to violation of Article 16 of the Constitution. It directed that Bhagirathi Nayak should be considered for promotion to the post of Revenue Supervisor with effect from the date of promotion of the petitioner and the other person. The Tribunal, however, did not quash the promotion and the other person. It also nowhere directed that the petitioner be reverted. but, while implementing the said judgment of the tribunal, an order, of reversion dated 30th June, 1990 was passed by opposite party No.3, i.e., Director, Municipal Corporation. Being aggrieved, the petitioner approached the Tribunal by filing O.A. No.669 of 1990 which was dismissed, as mentioned above, along with O.A. No.670 of 1990 filed by Gobardhan Jena. Hence the instant writ petition.