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2019 Supreme(SC) 847

L.NAGESWARA RAO, HEMANT GUPTA
Director of Horticulture, Odisha – Appellant
Versus
Pravat Kumar Dash – Respondent


Advocates Appeared:
For the Appellant(s) : Mr. Som Raj Choudhury, AOR
For the Respondent(s): Mr. Ramendra Mohan Patnaik, AOR Mr. Kedar Nath Tripathy, AOR

JUDGMENT :

HEMANT GUPTA, J.

1. Leave granted.

2. The challenge in the present appeals is to a judgment passed by Orissa High Court on December 22, 2017 maintaining the order dated June 27, 2014 passed by Odisha Administrative Tribunal in Original Application (OA) No. 1510 of 2012 and other petitions. The Tribunal decided nine OAs by a common order whereby the orders passed by the Government not to fill up the posts of Gardener and to create the equal number of posts of Horticulture Extension Workers were set aside. The State was directed to consider the applicants for appointment against the existing vacant posts of Gardener. The operative part of the order reads as under:

“17. In view of our analysis in the foregoing paragraphs, the order dated 15.9.2012, 06.10.2012 and 17.11.2012 passed by the Government in their Agriculture Department not to fill up the posts of Gardener and create equal number of posts of Horticulture Extension Workers stand quashed. Respondents are directed to consider the case of the applicants for their appointment against the existing vacant posts of Gardener, as has been done in the case of similarly placed trained candidates pursuant to the order of the Hon’b
























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