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2021 Supreme(Ori) 39

B.P.ROUTRAY, S.MURALIDHAR
Nihar Ranjan Tripathy – Appellant
Versus
State of Odisha – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Susanta Kumar Dash.
For the Respondents: Mr. Manoj Kumar Khuntia, Mr. V. Narasingh.

JUDGMENT :

B.P. ROUTRAY, J.

1. The judgment dated 6th August, 2020 of the learned Single Judge passed in Writ Petition (Civil) No. 14345 of 2017 has been assailed in the present writ appeal.

2. The Appellant was the unsuccessful Writ Petitioner.

3. In the newly created establishment of Odisha Human Rights Commission (OHRC), Bhubaneswar, the post of Junior Stenographer was created on 24th April, 2003 when no prescribed guideline or rule was there for direct recruitment to the post in question. So in absence of any such provisions governing conditions of recruitment, the Petitioner was appointed on 29th August, 2003 by the OHRC directly without due process of selection. Neither was any advertisement made nor any competitive examination held for recruitment to the post. The Petitioner was straightaway appointed through formal interview for an initial period of one year which was extended from time to time.

4. The Odisha Human Rights Commission (Method of Recruitment and Conditions of Service of Officers and other staff) Rules, 2012 (hereinafter referred as “OHRC Rules, 2012”) came into force w.e.f. 4th January, 2013. Rule 4 of the said rules prescribes that, appointment to different catego

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