ARUN KUMAR NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) These writ petitions are against the order passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack on 27.9.2012 in O.A. Nos. 1061(C) of 2011 and 26 other original applications.

(2.) Brief facts of the case is that the petitioners entered into service as police constables in between 1985 to 1989. It is contended that from the date of joining, they have served sincerely, honestly and to the best of the satisfaction of the authorities. They became eligible to be promoted to the post of Assistant Sub-Inspector (ASI) as per the eligibility conditions specified in the Orissa Police Manual Rules (PMR). Rule 660(a) of the Rules deals with procedure for promotion to the post of A.S.I. from the post of constable, as per rule, there are two categories of constables, Matric and non-Matric. Both Matric and non-Matric constables having 7 years of service to their credit, after the training, are eligible for consideration for appointment to the post of A.S.I., subject to the condition that they are to appear in written test to be conducted by the authority concerned. The candidates who qualify in the written test are to be recommended by their respective Superintendent of Police with their service records and considering the seniority of such candidates, who are eligible, a list will be prepared. The successful candidates then will be deputed for training for A.S.I. course as per the service seniority. It further provides that the vacancy to the post of A.S.I. is to be notified twice every year i.e., in the month of January and the other in the month of July, for preparation of a list of eligible and suitable candidates, for deputation of A.S.I. course of training. The rule further provides that selection has to be made twice in every year.

(3.) The matter went before the Tribunal by filing series of original applications and the Tribunal has disposed of the original applications wherein while allowing the original applications, State authorities were directed to assign proper position to the applicants in the seniority list in accordance with the principle laid down in the order passed in O.A. No. 3036(C) of 2003 and O.A. No. 3037(C) of 200 The authorities were further directed to consider the case of the applicants to nominate them for promotion to the post of Sub-Inspector of Police in accordance with their seniority and other relevant factors along with the 98 candidates, who had been declared to have passed the written examination held in the year 2000. Gradation list dated 27.10.2011 of the A.S.Is. selected for S.I. training course on being temporarily promoted as S.I. of Police be redrawn accordingly.