JUDGMENT :

R.K. Patra, J. - Heard Shri S. Mallik for the Petitioner and learned Additional Government Advocate for the State.

2. The Petitioner, who is a member of Scheduled Caste, by order No. 5731 dated 1-2-1990 (Annexure-I) came to be appointed as Senior Typist in the Directorate of Fisheries, Orissa, Cuttack. By Office Order No. 39379 dated 1-10-1991 (Annexure-3) he was reverted to the post of Junior Typist. Being aggrieved by the said order of reversion, he filed O.A. No. 1614 of 1991 before the Orissa Administrative Tribunal. Bhubaneswar. The Tribunal admitted the application, but in course of final hearing it found that the Petitioner had not exhausted the statutory remedy of appeal available to him under the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 (hereinafter referred to as 'the C.C.A. Rules'). It accordingly dismissed the application by order dated 9-9-1997 (Annexure-4) Holding that it is barred by Section 20 of the Administrative Tribunals Act, 1985 (hereinafter referred to as 'the Act'). The Tribunals while dismissing the application however gave liberty to the Petitioner to file appeal and the appellate authority was directed to dispose of