SRI DILLIP KUMAR PARIDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition is under Articles 226 & 227 of the Constitution of India whereby and where under the order passed by the Orissa Administrative Tribunal, Bhubaneswar dated 8.11.1999 in O.A. No.1866 of 1999 has been assailed by which the Tribunal has dismissed the Original Application by rejecting the claim of the petitioner to hold the higher post of Junior Assistant.

(2.) The brief fact of the case is that the father of the petitioner while working as a Peon in the Directorate of Sports and Youth Services, Orissa, Bhubaneswar became permanently incapacitated to discharge his duties due to ailment and therefore he was retired from the service on 3.11997. The petitioner who is the eldest son, being a graduate and also bachelor in Physical Education had submitted an application for appointment in a suitable available vacancy before the Director, Sports and Youth Services, Orissa and after due enquiry conducted by the Collector, Cuttack and as per the rule in vogue he was appointed vide order dated 28.11998 as Peon in the Directorate of Sports and Youth Services. Subsequently when it was brought to the notice of the Director that a post of Junior Assistant was lying vacant in the Directorate and as such the Director has taken proper action in pursuance to the provision of the scheme prevalent at the relevant time, considering the reason that the petitioner, although the post was there under Class-III category but could not have been appointed in the said category rather he has been appointed in Class-IV category, hence modified the order of appointment with a direction to the petitioner to join as Junior Assistant vide order dated 15.1999.

(3.) The petitioner being aggrieved with the same has approached the Tribunal vide O.A. No. 1866 of 1999 wherein the Tribunal while dismissing the Original Application without interfering with the order of revision, has approved the decision of the authority on the ground that there is no provision in the Rehabilitation Assistance Scheme to upgrade the post once the incumbent accepts the office on due consideration by the competent authority.