KAPILASWAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ application challenge has been made to the order dated 15.12.1998 passed by the Vice -Chairman, Orissa Administrative Tribunal in O.A. No.1697 of 1992.

(2.) THE brief fact of the case is that opposite party No.4 filed O.A. No.1697 of 1992 in the Orissa Administrative Tribunal seeking a direction to opposite party No.2 -Principal Chief Conservator of Forests, Orissa, Bhubaneswar to promote him to the post of Section Officer Level -II as per Orissa Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tribes) Act, 1975. His grievance is that he belongs to Scheduled Caste and was appointed as a Lower Division Assistant in the office of opposite party No.2. Subsequently, he was promoted as Senior Assistant. In the said office of opposite party No.2, the ORV Act and Rules were not observed for promotion to the post of Section Officer, Level -II up to the year, 1989. Even though a post of Section Officer Level -II earmarked for S.C. in the roster fell vacant, a candidate belonging to general category was promoted. In the year 1990, four Senior Assistants belonging to general category were promoted. In 1991, one Assistant belonging to S.T. and another belonging to general category, who is present petitioner No.2, were promoted. In the year 1992, another Assistant belonging to general category who is present petitioner No.3, was promoted.

(3.) MR . Mishra, learned counsel for the petitioners submitted that the petitioners had not got any notice from the Tribunal. Therefore, they could not contest the case by filing their counter. Without giving any opportunity of hearing to the petitioners, the Tribunal illegally allowed the Original Application by directing to promote opposite party No.4 to the post of Section Officer Level -II earmarked for S.C. according to roster on the basis of separate zone of consideration. He further submitted that the Government of Orissa in Tribal Welfare Department vide Resolution dated 4.12.1992 has clarified that as the Specially Declared Gazette posts have been assigned status higher than Class -III, the provision of Section 11 -A (2) (b) of the ORV Act read with Section 6 and 7 of the said Act shall regulate filling of the reserved vacancies in promotional appointment. The Tribunal failed to appreciate the aforesaid notification and the provisions of the Act. Therefore, the impugned order of the Tribunal is liable to be quashed.