RAJENDRA KESARI PATTANAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned counsel for the petitioners Mr. K. P. Mishra and learned Additional Government Advocate. This writ petition has been filed against the impugned order dated 4.9.2004 passed by the Orissa Administrative Tribunal, Bhubaneswar in the Contempt petition registered as C.P.(C) 49 of 2003.

(2.) THE brief facts of the case are that the recruitment in the posts of Junior Assistant of Ministerial cadre in the Police H.Qrs and other departments was governed by the statutory rules, "The Orissa Ministerial Service (Method of Recruitment) of Junior Assistant in the Office of Heads of Departments Rules, 1975". In the year 1980 the Director General of Police, requested the State Government to exempt the Police Department from the application of the said Rules,but the State Government desired that the draft rules for the Police Department should be submitted afresh to the Government for approval. In the meantime, the Director General of Police made certain appointments from 1981 to 1988 without following the Rules 1975. The petitioners were also appointed in the same manner. Thereafter, their services were terminated vide order dated 3.12.1986 against which they filed the O.A. Nos.246 of 1986 and 96 of 1987 before the Orissa Administrative Tribunal which were disposed of vide order dated 25.8.1987 by which the orders of termination impugned therein were quashed with the direction that the appointments of the petitioners be treated as ad hoc and allow them to continue on ad hoc basis till the posts are filled up by regular recruitment. Against the said order of Tribunal, the Director General of Police, Orissa filed S.L.P. in the Honble Supreme Court which was disposed of vide order dated 19.1.1988 upholding the decision of the Tribunal and directing the opposite parties to frame rules within two months and make recruitment under those rules. In that SLP some of the persons appointed by the Director General of Police, intervened. The Honble Supreme Court also directed that they would continue on ad hoc basis. But no steps were taken by the opposite parties to frame the statutory rules and the Director General of Police moved the State Government to regularize the appointments of the Junior Assistants made between the year 1981 and 1988. But the State Government did not agree to such a proposal and enforced the rules namely "Orissa Ministerial Officers of the Office of the Director General and Inspector General of Police and certain other office (Method of Recruitment and Conditions of Service) Rules, 1988 with the direction that the recruitment should be made on the basis of the said statutory rules which came into force on 28.4.1988 and those and hoc employees shall also be considered for regular appointment under the rules and their age relaxation shall be granted. Accordingly, the recruitment test was conducted allowing the candidates sponsored by the Employment Exchange as well as the petitioners and other persons, who were appointed on ad hoc basis but whose services were terminated, to participate in the said recruitment process. But when the petitioners were not selected therein, they filed O.A. No.206 of 1989 before the Tribunal challenging the recruitment process. The O.A. was disposed of vide order dated 3.1.1997 inter alia with the following direction : -

(3.) THE second was that those who satisfy the requirement of the rules are to be considered to have been selected and shall be given appointment. The third one was such selected and appointed persons would be senior to the persons who were working on ad hoc basis.