State Of Orissa & Ors vs Jagabandhu Panda

3. The facts of the case in brief are as under:

4. The respondent was appointed pursuant to the advertisement dated 5.4.1984 on the post of Ore Dressing Engineer in Class-1 Junior Grade of the State Services in the pay scale of Rs.850-1450. The respondent in response to the appointment letter dated 2.11.1984 joined in the said service on 14.11.1984. Between 18.6.1996 and 19.6.2001 he was deployed in Steel and Mines Department on certain terms and conditions, but he was to draw the salary from the Directorate of Geology. He was again deployed as officer on Special Duty in Steel and Mines Department between 10.9.2003 to 8.9.2006 on certain terms and conditions and he was also drawing the salary and other service benefits from the Directorate of Geology. The post of Ore Dressing Engineer in the office of the Directorate of Geology was temporarily upgraded on 1.9.2008 as OSD-cum-Deputy Director in the scale of Rs.9350-14550/- and he was allowed to continue in the upgraded post. However, this post was termed as ex- cadre and the post of OSD-cum-Deputy Director was to lapse on his retirement. The respondent filed Original Application before the Tribunal with a prayer that he should be re-designated as OSC-cum- Deputy Director (Steel) instead of OSD-cum-Deputy Director (ex- cadre). All the representations in this regard were rejected by the department for which the opposite party had to approach the Tribunal.

5. The said application of the respondent before the Tribunal was resisted by the State on the ground that the post of Ore Dressing Engineer advertised by OPSC was an ex-cadre post and that the respondent continued in ex-cadre post through out. It was admitted by the respondent that the services of the opposite party had been placed with Steel and Mines Department, but he was reverted back to the Directorate of Geology since his services in the Department of Steel and Mines was not found to be useful. There being no scope of promotion in the ex-cadre post held by the respondent, the government decided to upgrade the same as Ore Dressing Engineer (ex- cadre) in the Directorate of Geology and re-designated the same as OSD-cum-Deputy Director (ex-cadre). The respondent having availed the benefits of the said upgraded post, requested for re- designating the said post as OSD-cum-Deputy Director (Steel).

11. The post was accordingly advertised by the Orissa Public Service Commission on 5th April 1984. By the said advertisement, applications in the prescribed form were invited for one post of Ore Dressing Engineer, Class-1 Junior Grade of State Service in the pay scale of Rs.850-1450/-. In the said advertisement, it was mentioned that the post is temporary but likely to be made permanent in due course. The respondent on being selected was issued an appointment letter and pursuant to the said appointment letter the respondent joined in the said post. In the year 1985, the Government sanctioned three advance increments to the respondent in the pay scale of Rs.850-1450/- as per the terms and conditions of the advertisement.

20. From perusal of the order passed by the Tribunal, it reveals that although the Tribunal noticed that neither in the advertisement nor in the appointment letter it was mentioned that the respondent was appointed to an ex-cadre post but from the notings produced from the Secretariat file, it does indicate that the respondent was a holder of ex-cadre post. The Tribunal further held that the prayer of the respondent to allow him to work in Administrative Department as OSD-cum-Deputy Director cannot be endorsed as to whether the services of a particular official against a particular post is required by the Government. It is for the Government to determine. The Tribunal, therefore, refused the prayer of the respondent for permitting him to work in the Administrative Department as OSD-cum- Deputy Director (Steel). However, as regards the promotional prospect the Tribunal held as under :-

Further neither there is any post of Deputy Secretary belonging to Mining Cadre in the Orissa Secretariat nor there is any post of Deputy Director. Ore Dressing in the Directorate to consider your case for promotion to the higher rank. There is no necessity now to upgrade the post of Ore Dressing Engineer (Ex.Cadre).

The post of OSD-cum-Deputy Director (ex-cadre) shall be co- terminus with the retirement of Sri J.B. Panda and thereafter the post of Ore Dressing Engineer (Ex.Cadre) will be reviewed automatically in the Directorate of Geology in the scale of pay of Rs. 8000-275-13500/-.

By order of Governor M. R. Pattanaik Joint Secretary to Government Memo No.6269/dated 01.09.2008 Copy forwarded to the Directorate of Geology Orissa Bhubaneswar/ person concerned for information and necessary action.

Sd/- Illegible Joint Secretary to Government Memo No……./Dt.

Copy forwarded to the AG, Orissa/Spl, Secretary, OPSC, Cuttack, Finance Department/GA (SE) Department for information and necessary action.

Joint Secretary to Government”

25. In the background of the law well settled by this Court, we are of the definite opinion that the direction issued by the Tribunal and the order of the High Court affirming the order of the Tribunal is wholly without jurisdiction. The impugned orders passed by the Tribunal as also by the High Court are, therefore, liable to be set aside.

26. For the aforesaid reasons, we allow this appeal and set aside the orders passed by the State Administrative Tribunal in O.A. No.97 of 2009 and the impugned order passed by the High Court.

C.A. No.1968 of 2013 arising out of SLP(Civil) No.8676/2013

27. Leave granted.

28. This Civil Appeal is disposed of in terms of judgment passed in Civil Appeal No. 1967 of 2013 arising out of SLP(Civil) No.20635 of 2011.