SRI RANJAN KUMAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner, for his non -selection as a Storage Agent by the Managing Director, Orissa State Civil Supplies Corporation Ltd. - opp.party No.2 (hereinafter referred to as "the Corporation") at Hatadihi Block in the district of Keonjhar has approached this Court in the present writ petition for appropriate direction.

(2.) IT is the case of the petitioner that his name was recommended by the Collector, Keonjhar - opp.party No.3 to be appointed as a Storage Agent. According to him, as per the guidelines dated 28.10.2006 issued by the Corporation for appointment of Storage agent, the Collector of the district is the competent authority to make recommendations for such appointment for different Blocks/NACs/Municipal areas. The Collector for such recommendation has to conduct an enquiry through the A.D.M./Sub -Collector or any other officer regarding the correctness of the application and as per the eligibility criteria and disqualification norms, he has to recommend the name of the persons for appointment as Storage Agents. The petitioner has further contended that once a person is recommended by the Collector, the Corporation has to accept him and select the same person as the Storage Agent for the respective Block and any variance with the recommendation can be made by the Corporation assigning valid reasons for the same. In the instant case, according to the petitioner, as his name was duly recommended for being appointed as a Storage Agent in Hatadihi Block, the Corporation without assigning any reason has rejected his application and on the other hand, has appointed the opp.party No.5 as the Storage Agent who was not recommended by the Collector.

(3.) A rejoinder affidavit has been filed by the petitioner to the counter affidavit of the opp.party No.5. The allegation that a penalty was imposed on the mother of the petitioner, who was/is functioning as a Storage Agent as at Annexure -C/5 to the counter affidavit of opp.Party No.5, has not been denied in the rejoinder affidavit.