LAWS(ORI)-2006-11-9

JAYANTA KUMAR SENGUPTA Vs. STATE OF ORISSA

Decided On November 08, 2006
Jayanta Kumar Sengupta Appellant
V/S
STATE OF ORISSA Respondents

JUDGEMENT

(1.) THIS Writ Petition has been filed against the judgment and order dated 26.4.2000 passed by the Orissa Administrative Tribunal in O.A. No. 1451 of 1993 dismissing the same.

(2.) THE aforesaid O.A. was filed by the instant petitioner with a prayer for a direction to give him promotion to the rank of Additional Transport Officer (Stores) from the rank of Assistant Store Keeper in place of opposite party No. 6 of the instant writ petition.

(3.) THEREFORE , in the absence of any statutory Rule it cannot be said that a person holding the post of Junior Store Keeper has right to be considered for promotion automatically to the post of Addl. Transport Officer (Stores). The case of opposite party No. 6, who was the senior most Foreman was considered by the D.P.C. along with other nine eligible persons for promotion to the post of Addl. Transport Officer and the D.P.C recommended his name for promotion considering his seniority and suitability. However, the recommendation of the D.P.C. has been sent to the OPSC for concurrence which has not been done so far and opposite party No. 6 has been allowed to hold the post of Addl. Transport Officer on ad hoc basis by order of the Government.