MISS KABITA JENA Vs. STATE ELECTION COMMISSIONER

JUDGEMENT

(1.) THE Petitioner, in this Writ Petition, challenges the Order Dated 30.12.2002 (Annexure -8) by which prayer of the Petitioner under Annexure 7 for promotion to the post of Senior Assistant has been rejected. Challenge has also been made to the Order of promotion dated 10.12.2002 (Annexure 6) by which Opp. Party No. 8 -Saroj Kumar Pattnaik & Opp. Party No. 9 -Sujata Boipai have been given promotion to the post of Senior Assistants & Order Dated 03.08.1999 (Annexure -9) by which Opp. Party No. 7 -Uttam Kumar Parida was appointed in the post of Senior Assistant on the ground that such promotion & appointment has been made in clear violation of 80 Point Model Roster & in contravention of the provisions of Rule -10 of the Orissa State Election Commission (Method of Recruitment & Conditions of Services of Staff) Rules, 1996 (hereinafter referred to as 'the Rules, 1996') read with Rule 3 of the Orissa Civil Services (Criteria for Promotion) Rules, 1992 (hereinafter referred to as 'the Rules, 1992').

(2.) THE facts & circumstances giving rise to the present case are that on 11.8.1994 two posts of Junior Assistant & eight posts of Senior Assistant were created in the Office of the State Election Commission. On 01.11.1994, further eight posts of Junior Assistants were sanctioned, but out of the eight posts of Senior Assistant earlier created, four posts were subsequently abolished. Out of the remaining four posts of Senior Assistant, Opp. Party No. 6 -Bankanidhi Sarangi on 8.3.1996 joined against one such post on deputation from Panchayatiraj Department, which was reserved for Scheduled Tribe. Thereafter, on 5.2.1999 through regular recruitment, the present Petitioner was appointed in the post of Junior Assistant along with nine others. On 3.8.1999, Opp. Party No. 7 -Uttam Kumar Parida was brought from the Home Department & was appointed against the unreserved post of Senior Assistant. On 13.11.2002, the Selection Board met for consideration of the eligible candidates from amongst the Junior Assistants for promotion to the remaining two vacant posts of Senior Assistant. Saroj Kumar Pattnaik (O.P.8) & Sujata Boipai (O.P.9) were promoted to the post of Senior Assistant against said two vacancies vide Order Dated 10.12.2002 (Annexure -6) issued by Opposite Party No. 1. Being dissatisfied by the said order, on 16.12.2002 the Petitioner made a representation (Annexure -7) to Opposite Party No. 1, which was rejected by Opposite Party No. 1 under Annexure -8. Hence, this petition.

(3.) MR . S.N. Das, Learned Counsel appearing on behalf of the Opp. Parties contended that the post of Senior Assistant is a promotional post, & when recruitment to base level post of Junior Assistant was not initiated, the Commission filled up one out of four posts by bringing Sri B.N. Sarangi, Senior Assistant of Panchayatiraj Department on deputation in the year 1996 in terms of Rule 24(2) of the Rules, 1996. Similarly, another post of Senior Assistant was filled up by way of regular appointment brining Uttam Kumar Parida (O.P. 7) from the office of the Principal Resident Commissioner, Government of Orissa at Orissa Bhawan, New Delhi in the year 1999 exercising power vested with the Commissioner under Rule 24(1) of the said Rules. Therefore, the grievance of the Petitioner that she was deprived of getting promotion against the vacant post occupied by the deputationist is not correct. To fill up the remaining two vacant posts of Senior Assistant by way of promotion from amongst the Junior Assistants, the Selection Board constituted under Rule 6(2) of the Rules, 1996 met on 13.11.2002. The criteria prescribed for selection to the post of Senior Assistants are merit & suitability with due regard to seniority as laid down under Rule 3 of the Rules, 1992. The Selection Board scrutinized the confidential character rolls of ten Junior Assistants pertaining to preceding three years & made an overall assessment of their merit & suitability & selected Sri Saroj Kumar Pattnaik (O.P. 8) against un -reserved vacancy & Miss. Sujata Boipai against the vacancy reserved for ST. The State Election Commission (hereinafter referred to as 'the Commission') approved the recommendation of the Selection Board strictly in terms of Rule 6(5) of the Recruitment Rules. The Petitioner belongs to SEBC category & 80 Point Model Roster prescribed by the Government does not provide reservation for SEBC category in promotional post. The Commissioner after careful consideration rejected the representation dated 16.12.2002 made by the Petitioner. Hence, the Writ Petition is liable to be rejected.