DEEPAK RANJAN MOHANTY Vs. STATE ELECTION COMMISSION ORISSA

JUDGEMENT

(1.) Petitioner, in this Writ Petition, has prayed to quash the Order Dated 10.12.2002 (Annexure -1) passed by Opp. Party No. 1 - State Election Commission, Orissa by which promotion has been given to Opp. Party No. 2 -Saroj Kumar Pattnaik to the post of Senior Assistant and to give a direction to Opp. Party No. 1 to promote him with all financial and service benefits to the post of Senior Assistant from the date on which Opp. Party No. 2 got promotion to the said post.

(2.) THE case of the Petitioner in nutshell is that on 29.02.1996, he was appointed as Junior Assistant on ad hoc basis under Opp. Party No. 1 - the State Election Commission, Orissa (hereinafter referred to as 'the Commission'). Subsequent thereto, ten candidates were selected to the posts of Junior Assistant in the office of Opp. Party No. 1 through regular recruitment process. Among them, the Petitioner secured second and Opp. Party No. 2 -Saroj Pattnaik secured third position in the merit list. They were appointed on 10.02.1999 and 12.02.1999 respectively. Thereafter, vide Order No. 6219 dated 10.12.2002 (Annexure -1), Opp. Party No. 2 was promoted to the post of Senior Assistant. Petitioner's case is that Opp, Party No. 2 was given promotion to the post of Senior Assistant by ignoring the better claim of the Petitioner. In Spite of service of notice, Opp. Party No. 2 has not entered appearance to contest the issue.

(3.) PER contra, Mr. Susanta Kumar Das, Learned Counsel for the Commission contended that in the proceedings of the 6th meeting of the Selection Board for selection of candidates to the posts of Junior Assistants in Class -Ill post in the Commission held on 04.02.1996. Petitioner and Opp. Party No. 2 were placed in 2nd and 3rd position respectively in order of merit and both of them were recruited on the same day. The Selection Board scrutinized the entries made in the CCRs of ten Junior Assistants relating to proceeding three years of their service and made an overall assessment of their merit and suitability and selected two of them to fill up the vacancies in the post of Senior Assistant. The Selection Board found Sri Saroj Kumar Pattnaik (Opp. Party No. 2) placed at SI. No. 2 of the merit list suitable and recommended his name for promotion to the post of Senior Assistant. One Miss. Sujata Boipai was also promoteel to the post of Senior Assistant against the reserved post. The Commissioner approved the recommendation of the Selection Board strictly in terms of provisions of Rule 6(5) of the recruitment rules. Therefore, the Writ Petition is liable to be dismissed.