SATRUGHNA MALLICK Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THE Petitioner, a member of Scheduled Caste, joined as a Junior Grade Typist on 4.1.1990, in Orissa Legislative Assembly, Bhubaneswar. As per his case, some posts of Senior Grade Typist including one such post reserved for Scheduled Caste candidate fell vacant in the next year. Petitioner being the only eligible Scheduled Caste candidate ought to have been promoted to the post of Senior Grade Typist with effect from 6.3.1991, but his case was not considered. He made several representations to different authorities including opp. party No. 2, but all ended in fiasco. Ultimately, he filed a writ petition bearing O.J.C. No. 1715 of 1998 before this Court wherein vide order dated 1.5.2001, it was held that the Petitioner's right to be considered for promotion could not be curtailed, if he came within the zone of consideration and accordingly the authorities were directed to consider his case for promotion to the next higher post in consonance with the prevailing Rules and Regulations, which were applicable and were in vogue as well as the subsequent developments. In spite of such direction, opp. party No. 2 did not take the necessary materials into consideration and passed the impugned order, Annexure -1 holding that since the Petitioner had not passed departmental type test his case for promotion could not be considered. Under such circumstances, the Petitioner has preferred the present writ application under Article 226 of the Constitution with a prayer to quash Annexure -1 and to consider his case in accordance with law.

(2.) AS against this, opp. parties in their counter affidavits stated that the direction dated 1.5.2001 of this Court in O.J.C. No. 1715 of 1998 were fully complied with. According to these opp. parties, the then prevailing Rules and Regulations were Rule 3 read with Sl. Nos. 46 and 47 of the Schedule of the Orissa Legislative Assembly Secretariat (Recruitment and Conditions of Services) Rules, 1983 (hereinafter called the 1983 Rules) as amended in 1989. As per the said Rules, a Junior Grade Typist, has to pass a departmental type test to be eligible for consideration for the next higher post. Petitioner appeared in the said type test on 8.2.1991 and 11.9.91, but could not succeed and subsequently, he expressed his unwillingness to appear at the test. It is the further case of opp. parties that the Petitioner was given provisional promotion to senior grade typist vide order dated 28.11.2008, but as he did not appear in the departmental speed test, he was reverted to his former post. Hence, they pray to dismiss the writ application.

(3.) AS per Rule 7 -B quoted above, a Junior Grade Typist is required to pass speed test to make himself eligible for earning 3rd increment. Since there is nothing to show that one has to pass departmental speed test to come under the zone of consideration for promotion, Dr. Panda contended that the opp. parties ought not have insisted upon passing of the speed test by the Petitioner.