JAGANNATH PATEL Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS writ application has been filed against the judgment and order dated 18.1.2005 passed by the Orissa Administrative Tribunal, Cuttack Bench in Original Application No. 1676(C) of 2004 dismissing the O.A. filed by the instant petitioners.

(2.) THE brief facts of the case are that the petitioners and opposite party Nos. 3 and 4, namely, Nalin Kanta Pradhan and Pradeep Chandra Sahu were selected by the Orissa Public Service commission (for short, 'the OPSC') for the posts of Assistant Engineer in the year 1982. A merit list was prepared by the OPSC in which opposite parties 3 and 4 were shown below the petitioners and as such they were shown juniors to the petitioners in the inter se seniority. On the basis of the merit list determined by the OPSC, the petitioners and opposite parties 3 and 4 were promoted to the posts of the Assistant Executive Engineer and their inter se seniority remained undisturbed till the year 1999. In the year 1999 when the promotion to the post of Executive Engineer on ad hoc basis was considered by the D.P.C., opposite party No. 3 was shown above the petitioners in the merit list, and accordingly recommendation was made by D.P.C. to the OPSC for promotion of opposite party No. 3 on out of turn basis. However the OPSC did not agree with the same and sent its opinion to the State Government separately in which opposite party No. 3 was shown below in merit to the petitioners. The State Government according to its Rules of Business referred the matter to the Chief Minister who directed the same to be placed before the Cabinet Meeting. The same was accordingly placed and opposite party No. 3 was found to be of exceptional merit. Opposite party no 4 was also given the benefit of out of turn promotion. Consequently, opposite parties 3 and 4 both were promoted to the rank of Executive Engineer. Thereafter while considering the promotion to the post of Superintending Engineer Level -II, opposite parties 3 and 4 were considered treating them to be senior to the petitioners and consequently were given promotion to the rank of Superintending Engineer Level II.

(3.) IN O.A. the petitioners had prayed for declaring them senior to opposite parties 3 and 4 and for directing the official opposite parties not to implement the D.P.C. recommendation for promotion to the rank of Superintending Engineer, Level -l until disposal of the O.A. and further prayed that all the orders declaring opposite parties 3 and 4 as Executive Engineer and Superintending Engineer Level -II may be quashed and promotion may be given according to the merit list prepared by the OPSC.