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2016 Supreme(SC) 1083

J.CHELAMESWAR, A.M.SAPRE
State of Orissa – Appellant
Versus
Sasmita Pattnaik – Respondent


Advocate Appeared:
For the Appellant :Mr. Vikas Singh, Sr. Advocate, Mr. Sibo Sankar Mishra, Advocate, Mr. Niranjan Sahu and Ms. Deepika Kalia, Advocates.
For the Respondent:Mr. Nilakanta Nayak, Advocate, Mr. Aniruddha P. Mayee, Advocate, Mr. Debal Kumar Banerji, Sr. Advocate, Mr. Manish Singhvi, Advocate, Mr. Merusagar Samantaray, Advocate, Mr. Lhingneivah, Advocate, Ms. Vidushi, Advocate, Mrs. Kirti Renu Mishra, Advocate, Mr. Rana Mukherjee, Sr. Advocate, Ms. Neha Sharma, Mr. D. Verma, Mr. Deeptakirti Verma, Mr. Bharat Sangal, Mr. Shuvodeep Roy, Mr. Soumyajit Pani and Mr. Vinodh Kanna B., Advocates.
For the Intervenor :Mr. Arvind Gupta and Mr. Harish Pandey, Advocates.

ORDER :

On 15.3.1996, the appellant-State of Orissa (Department of Home) sent a requisition to the Orissa State Public Service Commission (Respondent No. 2 herein) to initiate the process for the recruitment of 100 Junior Assistants in the Ministerial Service in the Secretariat pertaining to the various departments under the Government of Orissa. Unfortunately no legal instrument either the Rules or some other document by which such posts are created are placed before us, whether such posts constitute a cadre as understood in the service law and if there is a cadre created, what is the strength of it is not very clear from the record. Nor any information in that regard placed before us.

2. Be that as it may, the fact remains that the appellant thought it fit to recruit 100 Junior Assistants and therefore initiated the process of making a requisition to the Respondent No.2.

3. A few months later (on 1.6.1996), another requisition went from the Home Department of the appellant to the Respondent No. 2 calling upon the Respondent No. 2 to initiate the process of recruitment of 200 more Junior Assistants.

4. On the receipt of above two requisitions, the Respondent No. 2 issued an advertisem










































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