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2017 Supreme(Ori) 662

SANJU PANDA, SUJIT NARAYAN PRASAD
Lakshmikanta Mishra – Appellant
Versus
State of Odisha – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M/s. B. S. Tripathy-1 and S. Sahoo
For the Opposite parties :M/s. Sadasiva Patra-1, S. Rath and D. Sahu, Mr. M. S. Sahoo, Additional Government Advocate

JUDGMENT :

S. N. Prasad, J.

1. The instant writ petition is under Articles 226 and 227 of the Constitution of India wherein the order passed by the Odisha Administrative Tribunal dtd.20th May, 2016 in O.A. No.2077(C) of 2006 has been challenged whereby and where under the Tribunal has rejected the claim of the petitioner to be promoted as Auditor while giving declaration regarding validity of promotion given in favour of respondent no.4 as Auditor from the cadre of Ferro Printer.

2. The brief fact of the case is that the applicant who entered into service as Jr. Clerk in the year 1985 was appointed in the office of the Joint Director, Geology, South Zone, Berhampur. During incumbency, in pursuance to a requisition made by the opposite party No.1 on 19.2.2002 to fill up the post of Auditor, the petitioner, having all requisite qualifications, applied for the said post on 15.3.2002. As per the statute and the guideline issued by the Director of Mines dtd.22.4.2002, the Jr. Clerks having 10 years experience or the Sr. Clerk having 5 years of experience can only apply for the post of Auditor. In pursuance to the said selection process the case of the petitioner was placed before the Depar



























































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