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2006 Supreme(Ori) 136

High Court Of Orissa
I. M. Quddusi, N. Prusty
RABI RANJAN MALICK - Appellant
Versus
STATE OF ORISSA - Respondent
W. P. (C) 6780  Of  2003
Decided On : 02/21/2006

I. M. QUDDUSI, J.

( 1 ) ALL these writ petitions having involved common questions of fact and points of law were analogously heard and are being disposed of by this judgment.

( 2 ) THE judgment and order dated 22. 11. 2002 passed by the Orissa Administrative Tribunal, Bhubaneswar in O. As. Nos. 83/2001 and 286/2001 filed by the applicants, namely, Benudhar Das, Rajkishore Chaudhury and Mrutyunjay Tripathy is assailed in these writ petitions. The last two writ petitions i. e. W. P. (C) Nos. 6780 and 6781 of 2003 have been filed by the State and rest four writ petitions i. e. W. P. (C) Nos. 571,713,1623 and 2090 of 2003 have been filed by the persons aggrieved by the impugned order of the Tribunal. The Tribunal while allowing the O. As. directed the State of Orissa to issue revised orders antedating the applicants' promotion to O. A. S. supertime posts rank to the date when respondents 3 to 10 (before the Tribunal) were promoted and to maintain their inter se seniority according to the placements assigned to them in the select list prepared by the Selection Board. However, it has been directed by the Tribunal that the applicants before it would not be entitled to any differential pay in the scale attached to the supertime posts rank for the intervening period. The dispute related to promotion to supertime posts of the members of the Orissa Administrative Service, recommended by the Selection Board to the Orissa Public Service Commission, which was modified by the latter while sending its recommendation to the State Government. The said recommendation of the Public Service Commission was accepted by the State Government.

( 3 ) AT the very outset, it is necessary to peruse the provisions of the relevant Rules, namely, Orissa Administrative Service (Supertime Scale) Recruitment and Conditions of Service Rules, 1995 (in short, "1995 Rules") and the Orissa Civil Services (Criteria for Promotion) Rules, 1992 (in short, "1992 Rules" ). The provisions of Rules 4 to 9 of the Orissa Administrative Service (Supertime Scale) Recruitment and Conditions of Service Rules, 1995, which are relevant for our purpose are quoted as under:-4 (1) There shall be constituted a Selection Board for selection of Officers for appointment to the Orissa Administrative Service (Supertime Scale ). (2) The Selection Board shall consist of the following Officials, namely:- (a) Chief Secretary to Government. . . . Chairman (b) Additional Chief Secretary to Govt. . . . . Member (c) Member of Board of Revenue. . . . Member (d) Special Secretary to Government. . . . . Member generalAdministration Dept. Secretary (3) Notwithstanding Sub-rule (2) the recommendation of the Selection Board shall be valid and can be acted upon notwithstanding the absence of any one of its members other than the Chairman, provided that the member so absenting was duly invited to attend the meeting and the majority of the members constituting the Selection Board attended the meeting. 5 (1) The Selection Board shall ordinarily meet before the 31st January of each year and prepare a list of such members of Orissa Administrative Service, Class-I (Senior Branch) who are considered by them to be suitable for appointment to the Service. The number of officers of the Orissa Administrative Service, Class-I (Senior Branch) to be included in the list shall not be more than twice the number of vacancies including those anticipated in that year. (2) The Selection Board for preparation of the list shall follow the provisions of the Orissa Civil Services (Zone of Consideration for Promotion) Rules, 1988, and the Orissa Civil Services (Criteria for Promotion) Rules, 1992. (3) The Selection Board shall consider the cases of those officers who on the first day of January of the year in which it meets, have completed 15 years of service in the cadre of Orissa Administrative Service, Class-II, Orissa Administrative Service, Class-I (Junior Branch): and Orissa Administrative Service, Class-I (Senior Branch)





























































































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