JUDGMENT :

D.P. Choudhury, J.

The captioned writ petition challenges the order dated 6.3.2012 passed by the learned Orissa Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter called ‘the Tribunal’) in O.A. No.1726 (C) of 2008.

FACTS

2. The factual matrix leading to the case of the petitioner is that the petitioner was initially appointed as Fisheries Extension Officer (for short ‘FEO’) by the Director of Fisheries, Odisha (Opposite party No.3) on 27.2.1976 extending the benefit of Scheduled Caste. Accordingly, petitioner joined as FEO on 8.3.1976. It is stated that on 4.12.1980, 12.12.1986 and 30.8.1996 petitioner was promoted to the post of Deputy Superintendent of Fisheries, Superintendent of Fisheries and Assistant Director of Fisheries, respectively. While the petitioner was discharging the duties as an Assistant Director of Fisheries, the opposite party No.4 filed Original Application being O.A. No.1041 (C) of 2007 before the Tribunal challenging the final gradation list in the rank of the Assistant Director of Fisheries wherein the position of opposite party No.4 was at Sl. No.27 and the petitioner’s position was at Sl. No.15. In that Original Application the Tribunal vide order dated 27.4.2007 remitted the matter to Government for appropriate orders. Thereafter, no action was taken by the Government and the D.P.C. was held for filling of seven numbers of posts of District Fisheries Officers. Apprehending non-inclusion of name of opposite party No.4 in the zone of consideration, opposite party No.4 filed another Original Application No.1110 (C) of 2008 for fixation of his seniority by taking his case as the case of reserved category (Scheduled Caste). But the Tribunal again referred the matter to the Government for consideration. Thereafter the State Government rejected the claim of opposite party No.4 and order was communicated on 22.7.2008.

3. It is further stated that opposite party No.4 being aggrieved by the action of the State Government filed another Original Application vide O.A. No.1726 (C) of 2008 assailing the order of the opposite party No.3. In the said Original Application the present petitioner was impleaded as Respondent No.4. In the Original Application the Respondent No.4 has alleged that the applicant has obtained the Scheduled Caste (S.C.) category Certificate falsely and the Certificate is a fake one. It is also asserted by the Respondent No.4 before the Tribunal that by showing fake S.C. certificate, the applicant got appointment as FEO and accordingly his promotion as S.C. candidate is illegal and in fact Respondent No.4 should have got that post. Learned Tribunal after hearing the opposite parties directed that the Respondent No.4 is not entitled to be appointed under S.C. category candidate as he has fake S.C. Certificate and as such the Tribunal directed to revert the Respondent No.4 and the applicant should be appointed in his place and recover the amount already received under such post. But the petitioner alleged that the S.C. Certificate produced by him is genuine and he has been validly appointed. The petitioner challenged such verdict of the opposite party No.8 on various grounds. Hence, this petition.

4. Opposite party No.4 filed counter stating that petitioner belongs to caste ‘Kumbhar’ and at the time of entry into Government service he had mentioned as a candidate of S.C. category by producing the Caste Certificate issued by the District Welfare Officer, Balasore. But at the time when the petitioner entered into Government service the caste ‘Kumbhar’ was not included in the scheduled list of S.C. issued by the Hon’ble President of India. So, a Departmental Proceeding was started against the petitioner for taking benefit of S.C. candidate although it was not S.C. at the time of service but after 1992 the said caste ‘Kumbhar’ was treated as OBC/SEBC. As such, the petitioner got