RABI RANJAN MALICK Vs. STATE OF ORISSA

JUDGEMENT

(1.) All these writ petitions having involved common questions of fact and points of law were analogously heard and are being disposed of by this judgment.

(2.) The judgment and order dated 22.11.2002 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.As. Nos. 83/2001 & 286/2001 filed by the applicants, namely, Benudhar Das, Rajkishore Chaudhury and Mrutyunjay Tripathy is assailed in these writ petitions. The last two writ petitions i.e. W.P.(C) Nos. 6780 & 6781 of 2003 have been filed by the State and rest four writ petitions i.e. W.P.(C) Nos. 571,713,1623 & 2090 of 2003 have been filed by the persons aggrieved by the impugned order of the Tribunal. The Tribunal while allowing the O.As. directed the State of Orissa to issue revised orders antedating the applicants' promotion to O.A.S. supertime posts rank to the date when respondents 3 to 10 (before the Tribunal) were promoted and to maintain their inter se seniority according to the placements assigned to them in the select list prepared by the Selection Board. However, it has been directed by the Tribunal that the applicants before it would not be entitled to any differential pay in the scale attached to the supertime posts rank for the intervening period. The dispute related to promotion to supertime posts of the members of the Orissa Administrative Service, recommended by the Selection Board to the Orissa Public Service Commission, which was modified by the latter while sending its recommendation to the State Government. The said recommendation of the Public Service Commission was accepted by the State Government.

(3.) At the very outset, it is necessary to peruse the provisions of the relevant Rules, namely, Orissa Administrative Service (Supertime Scale) Recruitment and Conditions of Service Rules, 1995 (in short, "1995 Rules") and the Orissa Civil Services (Criteria for Promotion) Rules, 1992 (in short, "1992 Rules"). The provisions of Rules 4 to 9 of the Orissa Administrative Service (Supertime Scale) Recruitment and Conditions of Service Rules, 1995, which are relevant for our purpose are quoted as under:-