CH SATYABRATA DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard Mr. Pitamber Acharya learned Counsel for the petitioner, learned Additional Government Advocate for the State and Mr. B. K. Dash learned Counsel appearing on behalf of Orissa Public Service Commission.

(2.) THIS writ petition has been filed against the judgment and order passed by the Orissa Administrative Tribunal dated 18.5.1999 in O.A. No. 875 of 1998 inter alia with a prayer to direct the Orissa Public Service Commission/opposite party No. 2 to sponsor two names as requested by the State Government vide its letter dated 4.3.1998 for the post of Research Officer in the Department of Housing and Urban Development.

(3.) THE Orissa Public Service Commission sent its recommendation to the Government against only one post with its opinion that no one was available for the post, which was reserved for Scheduled Tribe woman. However, it appears that the Commission had recommended two names of general category candidates, keeping in mind that in case the post reserved for Scheduled Tribe women is dereserved, the other candidates would be considered against the same. The Commission recommended the names of Mr. A. K. Mohanty and Mr. K.C. Rath at Sl. Nos. 1 and 2 respectively. Consequently, according to the recommendation of the Commission, Mr. A.K. Mohanty who was recommended at Sl. No. 1 was appointed against the vacancy for general category but due to non -availability of reserved candidate to the other post opposite party No.1 decided to fill up the same by making ad hocpromotion. Consequently the D.P.C., for the purpose of recommending candidates under the promotion quota was held and the following five Technical Assistants found suitable were recommended by the D.P.C. Their names in order of seniority are as follows: 1. Mr. B.K. Moharana 2. Mr. Haladhar Rout 3. Mr. H.K. Mohanty 4. Mr. R.K. Biswal