JUDGMENT :

B.N. Mahapatra, J. - Petitioner, in this Writ Petition, has prayed to quash the Order Dated 10.12.2002 (Annexure-1) passed by Opp. Party No. 1- State Election Commission, Orissa by which promotion has been given to Opp. Party No. 2-Saroj Kumar Pattnaik to the post of Senior Assistant & to give a direction to Opp. Party No. 1 to promote him with all financial & service benefits to the post of Senior Assistant from the date on which Opp. Party No. 2 got promotion to the said post.

2. The case of the Petitioner in nutshell is that on 29.02.1996, he was appointed as Junior Assistant on ad hoc basis under Opp. Party No. 1- the State Election Commission, Orissa (hereinafter referred to as 'the Commission'). Subsequent thereto, ten candidates were selected to the posts of Junior Assistant in the office of Opp. Party No. 1 through regular recruitment process. Among them, the Petitioner secured second & Opp. Party No. 2-Saroj Pattnaik secured third position in the merit list. They were appointed on 10.02.1999 & 12.02.1999 respectively. Thereafter, vide Order No. 6219 dated 10.12.2002 (Annexure-1), Opp. Party No. 2 was promoted to the post of Senior Assistant. Petitioner's case is t