JUDGMENT :

DR. B.R. SARANGI, J.

The petitioner has filed this application challenging the notification dated 21.01.2016 in Annexure-6 for engagement of ‘Jogan Sahayak’ in respect of Alipur Gram Panchayat under Aska Panchayat Samiti in the district of Ganjam and further seeks for a direction to the opposite parties to allow him to continue as ‘Jogan Sahayak’ in place of his present assignment as salesman.

2. The factual matrix of the case is that the petitioner is a Graduate in Arts and permanent resident of Alipur Gram Panchayat. He was given engagement on 04.03.2013 as a salesman by Alipur Gram Panchayat with the previous approval of District Panchayat Officer, Ganjam under Rule-219 of the Gram Panchayats Rules, 1968. Pursuant to such engagement, he was discharging his duty, i.e., sale of wheat, rice and sugar at the fair price shop, which was opened at the concerned Gram Panchayat to deal with the sale of less than 150 quintals of PDS items in a month. Since there was increase of ration cards and quantum of sale of the PDS commodities, Alipur Gram Panchayat submitted resolution to the Panchayat Samiti, Aska for engagement of ‘Jogan Sahayak’. The said proposal was submitted referring to the letter dated 27.04.2012 of opposite party no.1 and letter dated 09.01.2016 of opposite party no.2. In response to the same, notification was issued on 21.01.2016 in Annexure-6 for engagement of ‘Jogan Sahayak’ in Alipur Gram Panchayat vide. Apprehending loss of his job, the petitioner has approached this Court by filing the present writ petition.

3. Mr. A.R. Dash, learned counsel for the petitioner states that since the petitioner was engaged as a salesman to deal with the PDS commodities on 04.03.2013, he should have been engaged as ‘Jogan Sahayak’. He relies upon two documents, which have been annexed as Annexures-8 and 9 to the objection filed by the petitioner to Misc. Case No.11223 of 2016 filed for vacation of interim order. In Annexure-8 dated 10.05.2016 direction has been given by the government to all the Collectors to extend the relaxation in educational qualification and preference in appointment of ‘Jogan Sahayak’ to the salesman in rest of the 17 districts in the State, in view of the fact that in respect of 13 districts such benefit has already been extended, with the stipulation that such modification shall not be applicable to those Gram Panchayats who have already completed the process of selection as per the instruction issued by the department vide letters dated 21.04.2012 and 27.04.2012. In Annexure-9 dated 22.06.2016 the Block Development Officer has intimated the Panchayat Executive Officers of some of the panchayats with regard to engagement of ‘Jogan Sahayak’. It is stated that in the said notification, the name of Alipur Gram Panchayat has not been indicated and, therefore, the process of selection has not been completed. In such view of the matter, the case of the petitioner should be considered for engagement of ‘Jogan Sahayak’ on preferential basis in view of the letter dated 10.05.2016.

4. Mr. L. Samantray, learned Addl. Govt. Advocate states that the process of selection for engagement of ‘Jogan Sahayak’ for Alipur Gram Panchayat has already been completed on 30.04.2016 and thereafter the petitioner has approached this Court on 03.05.2016 and this Court vide order dated 09.05.2016 passed interim order to the extent that the process of selection in respect of ‘Jogan Sahayak’ for Alipur Gram Panchayat under Aska Panchayat Samiti shall continue, but no selection shall be made without leave of the Court. By virtue of the interim order even though the selection has already been over on 30.04.2016, the name of the candidate has not been indicated in the letter dated 22.06.2016 by the BDO. But, as a matter of fact, pursuant to the selection made on 30.04.2016, opposite party no.5 has stood first in the select list and she is to be engaged as ‘Jogan Sahayak’ in place of the petitioner.

5. Ms. Deepali Mohapatra, learned coun