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J. K. MAHESHWARI, RAJESH BINDAL
Jyostnamayee Mishra – Appellant
Versus
State of Odisha – Respondent
JUDGMENT :
RAJESH BINDAL, J.
1. This Court had been called upon to examine the validity of an order passed by the Court below where the parties failed to produce proper documents or annexed incorrectly typed documents. This does not happen in isolation, rather is a routine, which sometimes results in miscarriage of justice in case the issues are not examined in detail with proper assistance of the parties, especially ridicule.
2. The challenge in the present petition is to the order of the High Court1 [High Court of Orissa at Cuttack] dated 12.10.2022 passed in Writ Petition2 [Writ Petition Civil (OAC) No. 18463 of 2017] filed by the State where the order passed by the Tribunal3 [Orissa Administrative Tribunal, Bhubaneshwar] dated 08.01.2016 in an application4 [O.A. No. 1696 of 2010] filed by the petitioner was set aside.
3. An interesting issue which arises is as to whether an employee in an establishment is entitled to claim promotion on a post for which he does not fall in the feeder cadre and the post is required to be filled up 100% by way of direct recruitment? Another important issue is whether a vacancy meant for direct recruitment can be filled up merely by issuing a circular
The post of Tracer must be filled by direct recruitment as per the 1979 Rules, and the petitioner was ineligible for promotion from the post of Peon.
The right for promotion has to be considered only in the light of the existing rules in force on the date of consideration to the next level of promotion.
Post of Senior Clerk/Assistant Treasury Accountant Qualifications - It is settled law that there is no legal right vested in candidates to be selected for appointment - Selected candidates have only ....
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