SAIRA MIRZA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and Mr. P.P. Panda, learned Additional Standing Counsel for the State. By means of this writ petition, the petitioner has prayed that the State Government be directed to appoint an Executive Officer for the State Haj Committee in terms of the order passed by this Court in W.P.(C) No.12797 of 2006 on 23.11.2006.

(2.) THE operative part of the order dated 23.11.2006 passed in W.P.(C) No.12797 of 2008 is quoted hereunder.

(3.) MR . Panda, learned Additional Standing Counsel, has submitted that the State Government tried their best to post an officer not below the rank of Deputy Secretary but as no muslim officer of such rank is available and since it has been provided in Section 29(1) that the officer may preferably be a muslim, the State Government, being of the opinion that only Muslim Officer be appointed, requested the GA Department to depute such an officer. However, the G.A. Department vide letter No.12251/Gen.2.5.2007 expressed their inability to give posting to such Officer because of non -availability of Muslim O.A.S. Officer in the rank of Deputy Secretary in their cadre. A perusal of the said letter of G.A. Department shows that at present no Muslim Officer of the rank of Deputy Secretary or above in O.A.S. cadre for deputation to State Haj Committee is available.