BIMAL PRASANNA ACHARYA Vs. STATE OF ORISSA

JUDGEMENT

(1.) ALL the three writ applications have been filed assailing the legality of the judgment passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No.807 of 2001.

(2.) THE petitioners in W.P.(C) No.9249 of 2007 and W.P.(C) No.9197 of 2007 were not parties before the Tribunal. But the writ applications have been filed by them on the ground that the impugned judgment affects them materially. W.P.(C) No.9515 of 2007 has been filed by the Department challenging the said judgment of the Tribunal.

(3.) BOTH the applicants as aforesaid joined as Forest Rangers under the State Government in the year 1974. After rendering about 12 years of service, their cases were considered for promotion to Class -II Orissa Forest Service. The Departmental Promotion Committee in its meeting held on 30.1.1986 considered the cases of the applicants along with others in terms of the Regulations of the Orissa Forest Service Class -II (Appointment by Promotion) Regulation, 1985. As it appears, against 36 vacancies identified, 108 eligible Forest Rangers were considered by the Departmental Promotion Committee for promotion and in terms of the Regulation, select list of 72 Forest Rangers was prepared and the name of the applicants figured at Sl. Nos.26 and 27 respectively in the said list. Since there was urgent requirement of filling up of the posts for execution of the Development Programmes undertaken by the Department, the first 36 officers out of the select list were given ad hoc promotion subject to concurrence of the Orissa Public Service Commission. Accordingly the applicants who figured at Sl. Nos.26 and 27 respectively in the select list were given ad hoc promotion in the year 1986 and continued as such till the OPSC concurred their selection on 31.12.1987. The applicants were thereafter regularly appointed to OFS Class -II by office order dated 29.8.1988 after the concurrence of the OPSC was obtained. Therefore, even though the applicants were found suitable for promotion to the rank of ACF (OFS Class -II) on 31.1.1986 by the Departmental Promotion Committee, their regular appointment order was issued on 29.8.1988 after their cases were recommended by the OPSC. The petitioners in W.P.(C) No.9249 of 2007 and W.P.(C) No.9197 of 2007 are direct recruits of the year 1988 to OFS Class -II service. According to the Regulation, the direct recruits are to be placed above the promotees after such promotions are given in the same year. Accordingly the petitioners in the aforesaid two writ applications were placed above the private opposite parties (applicants before the Tribunal) in the Gradation List of ACFs. Challenging such placement, the applicants approached the Tribunal solely on the ground that the vacancies occurred in the year 1985 and they were given ad hoc promotion in the year 1986 and therefore even if OPSC concurred their promotion on 31.12.1987, they have to be treated as promotees of 1986 and accordingly are to be placed above the direct recruits of 1988 in the Gradation List. The Tribunal having accepted the case of the applicants allowed the Original Application which has given rise to these three writ applications.