MOHAMMAD RAHEMAT HOSSAIN Vs. THE REGISTRAR, ORISSA ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH, BHUBANESWAR 12 AND ORS.

JUDGEMENT

(1.) By the common order dated 30.10.1998 impugned in this writ application, the Orissa Administrative Tribunal dismissed Petitioner's application under Sec. 19 of the Administrative Tribunals Act, 1985 bearing O.A. No. 1231 of 1996 and other three original applications filed by other applicants. In this writ application the Petitioner has prayed for quashing of that part of the order dated 30.10.1998 by which O.A. No. 1231 of 1996 was dismissed. The aforesaid O.A. was filed by the Petitioner challenging the promotion order dated 13.5.1996 of opposite parties 4 to 19 to the post in the rank of Junior Class - I Agricultural Service on ad hoc basis.

(2.) Facts of the case are that the Petitioner having B.Sc. Degree In Agriculture was appointed as Supervisor on 29.12.1967 and subsequently was promoted to the rank of Junior Agriculture Officer in Class -II General Cadre. The private opposite parties 4 to 19 were appointed as Supervisors subsequent to the appointment of the Petitioner. From the very inception of Agriculture Service promotion to Agriculture Class -II was always made by promotion from the Supervisors. However, in 1977 an advertisement was made for recruitment to Class -II Specialist Cadre. In the gradation list his position was at serial No. 520. It may be stated here that there was No. rule governing the recruitment and service conditions of the officers borne in Agriculture Service before the State Government issued resolution No. 30623 dated 30th August, 1978. Prior to that the initial appointments were used to be made at the level of Agriculture Overseers from among Agriculture and Non -Agriculture Graduates and all other posts in the cadre were used to be filled up by promotion from the lower ranks except Class -II Specialists cadre which were to be filled up entirely by direct recruitment through O.P.S.C. By the 1978 resolution the post of Agriculture Supervisor was re -designated as Junior Agriculture Officer and the entry qualification for the said post was fixed as Graduate Degree in Agriculture. The Junior Class -II General cadre was abolished and the existing posts were upgraded to Senior Class -II (General) which were to be filled up by promotion from the rank of Junior Agriculture Officer. The 1978 Resolution created Junior Class -II (Specialists Cadre) to be filled up entirely by direct recruitment by candidates with Post -Graduate Degree in the appropriate discipline. Like wise vacancies in Class -II Senior Specialists cadre was decided to be filled up by promotion from the Junior Class -II (Specialists Cadre) and the post of Deputy Director (Agriculture) was decided to be filled up by way of promotion from amongst the persons in Senior Class -II General and Specialist cadres and for this purpose it was decided that the seniority should be reckoned from the date of promotion to the Senior Class -II General and Senior Class -II Specialists ranks. The Petitioner was promoted to the Class -II rank on 4.7.1988. On 19.12.1989 the Agriculture Department circulated a provisional gradation list in which opposite parties 4 to 19 who were junior to him, in the grade of Junior Agriculture Officer were shown seniors to him. He made representation for restoration of his seniority but the Government without considering the same promoted Respondents 4 to 19 to the Junior Class -I cadre basing on the provisional gradation list. Case of the Petitioner is that incumbents from the cadre of Junior Agriculture Officers were always being promoted to Class -II General Cadre on the basis of seniority -cum -merit and Junior Agriculture Officers with post -graduate qualification were being promoted to the Class -II Specialist cadre. By virtue of the 1978 Resolution opposite parties 4 to 19 were treated as senior to the Petitioner in Class -II gradation list and were promoted to Junior Class -I. Although under 1969 Government order the Petitioner was senior to the opposite parties 4 to 19 but by virtue of the 1978 resolution officers belonging to Class -II Specialist cadre became senior to him and got promotion to higher rank. Further case of the Petitioner is that although Class -II (Senior Specialist cadre) was intended to be constituted under the 1978 resolution but No. such cadre was in fact constituted. Therefore, No. person belonging to Specialist cadre existed and all officers therefore belonged to the General cadre and, hence, promotion to Junior Class -I should have been considered on the basis of the seniority in the Class -II General cadre. Some of the employees belonging to the General cadre had filed O.J.C. No. 1282 of 1980 challenging the 1978 Resolution before this Court which was transferred to the Orissa Administrative Tribunal and was renumbered as T.A. No. 270 of 1986. After hearing, though the Tribunal held the promotion of opposite parties 2 to 7 therein as illegal and unsustainable in law, since it was of the view that quashing their promotion at such belated stage would amount to unsettling of the settled position and as by that time those opposite parties had already retired, the Tribunal held that their promotion cannot be allowed to act to the detriment of the claims of the Petitioners therein and directed that the Petitioners therein were entitled to be considered for promotion from the date on which opposite parties 2 to 7 were promoted to the Class - I. Agriculture service The Tribunal dismissed the O.A. filed by the present Petitioner holding that the Respondents 3 to 20 therein became senior to the Petitioner and other applicants in the connected O.As. in the rank of Class -II by virtue of their direct appointment to Class - II Specialist cadre. The Tribunal came to hold that the Petitioner was senior to the Respondents 3 to 20 therein in the rank of Junior Agriculture Officer, but pursuant to an advertisement in 1977 for filling up certain Specialist Class -II posts in different disciplines except Agriculture Chemistry, Respondents 3 to 18 who had Post -Graduate qualifications in different disciplines applied for the posts and got selected through the O.P.S.C. and were given appointment to the Class -II Specialist cadre in 1978 and Respondents 19 and 20 having such qualification were directly appointed to Class -II Specialist cadre in 1982. As the applicant -Petitioner became junior to the Respondents -opposite parties 3 to 20 on their direct recruitment to Class -II (Specialist) posts, they got promotion rightly and validly to the next higher rank of Junior Class -I.

(3.) Counter -affidavit has been filed on behalf of the opposite party No. 2. It has been stated therein that as per 1978 resolution the post of Deputy Director (Agriculture) shall be filled up by way of promotion from amongst the persons in Senior Class -II General and Senior Class -II Specialist cadre and the seniority shall be counted from the date of appointment in the respective cadre. It is the further case of the opposite party No. 2. that in the absence of statutory rules, appointment to the Class -II and Class -I Agriculture service were and are being made on the basis of Government orders, resolutions and executive instructions issued from time to time and the 1978 Resolution provides for a new set of guidelines issued by the Government with a view to streamline appointments to various cadres of Agriculture service and holds the field. The opposite parties were directly appointed to the Junior Class -II Specialist post earlier to the promotion of the Petitioner to the Class -II post and their seniority having been counted from the date of such appointment, the Petitioner cannot have any legitimate grievance against the same. The averment of the Petitioner to the effect that the 1978 Resolution has been overruled by the Tribunal in T.A. No. 270 of 1986 has been denied. It has further been stated that direct recruitment to the Specialist posts continued from 1978 to 1980 -81. This fact has also been admitted by the Petitioner in paragraph 12 of the writ petition. Therefore the averment of the Petitioner that the one time attempt of recruiting a few persons to Class -II Specialist cadre only in 1977 has resulted in change of seniority list by erroneously taking the Specialists into the ambit of General cadre for future promotion i.e. Junior Class -I has been denied. The Petitioner was promoted to the Class -II rank on 4.7. 1988 whereas the opposite parties were appointed directly to the Class -II Specialist cadre in the year 1978 and 1982. Therefore, admittedly they were senior to the Petitioner in Class -II cadre. Hence, the Tribunal has rightly rejected their claim.