PRAMOD KUMAR SATPATHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) TWO Writ Petitions being W.P.(C) No. 8650 of 2003 and W.P.(C) No. 12484 of 2003 were filed challenging the same Judgment of Orissa Administrative Tribunal (hereinafter referred to as 'the Tribunal') dated 8.5.2003. By the said Judgment the Tribunal held that Rule 5(iv) of the Orissa Special Armed Police(Method of Recruitment and Conditions of Service) Rules, 2000 has to be amended by changing the ratio of promotion. Under the said Rules, recruitment to the post of Assistant Commandant by way of promotion from the rank of Subedar/Subedar Major and Reserve Inspector has been provided and under Rule 5 (iv) the ratio of promotion is 2; 1 between Subedar/Subedar Major and Reserve Inspector.

(2.) W .P.(C) No. 8650 of 2003 has been filed by 12 persons, who were working as Subedar/Subedar Majors and Jamadars in Orissa State Armed Police battalions under various commandants. The Opposite Parties are Sergeants and Reserve Inspectors of the District Reserve Police under the control of Superintendent of Police of various districts. The other Writ Petition (W.P.(C), No. 12484 of 2003) has been filed by the State of Orissa and the Director General and Inspector General of Police Orissa.

(3.) THE Tribunal again found that all Reserve Inspectors occupy a higher rank in the hierarchy of the service as they are all graduates but the same is not the case with the cadre of Subedar/Subedar Major. The Tribunal held that for the sake of consistency it would be appropriate to amend the Rules and as such the Tribunal disposed of the O.A, by directing that the Rule 5 (iv) of the said Rules should be amended by fixing the ratio for promotion to the rank of Assistant Commandant for Subedar/Subedar Major and Reserve Inspector as 1: 1. The Tribunal also directed that Rule 6 (iii) be amended by prescribing the experience of at least five years of continuous service on the first day of January of the year in which the DPC meets in the case of Reserve Inspectors. The Tribunal directed that notification amending the Rule should be issued within two months from the date of receipt of the order of the Tribunal. The order of the Tribunal has been stayed by a Division Bench of this Court on 16.9.2003 in W.P.(C) No. 8650 of 2003.