Point of Law: Employment and Service matter - Post of Odisha Revenue Service (ORS) - Interim order, petitioner is continuing as ORS Group-B Officer and order of reversion passed, so far as it relates to petitioner, has not been given effect to.

JUDGMENT :

B.R. SARANGI, J.

1. The petitioner, by means of this writ petition, seeks to quash the order dated 10.04.2017 in Annexure-3, so far as it relates to the petitioner, whereby the petitioner, whose name appears at serial no. 9 and who had been appointed as ORS Group-B Officer by way of promotion, has been reverted to his parent post, i.e. Sr. Clerk, Collectorate of Nabarangpur.

2. The factual matrix of the case, in precise, is that an advertisement for recruitment to the post of Odisha Revenue Service (ORS) Group-B by way of promotion was issued by opposite party no. 1-Principal Secretary to the Government of Odisha, Revenue and Disaster Management Department. The petitioner, along with other employees, applied for the post. As the petitioner was found suitable, he was duly selected and recruited to ORS Group-B. On being appointed in ORS Group-B by way of promotion against the Recruitment Year 2012, he was posted as Assistant Collector, Koraput, pursuant to which he joined in his new assignment and discharged his duty. While so continuing, he was transferred and posted as Additional Tahasildar, Sorada in the district of Ganjam, where he joined and was continuing. At that stage, the opposite party no. 1 reverted the petitioner to his parent post on the basis of recommendation by the Review Selection Committee held in pursuance of the orders of the Odisha Administrative Tribunal passed in O.A. No. 2595 of 2014 and other similar cases. Aggrieved thereby, the petitioner filed O.A. No. 913 (C) of 2017 before the Odisha Administrative Tribunal, Cuttack Bench, Cuttack and on abolition of the tribunal, the said Original Application was transferred to this Court, by virtue of order dated 31.10.2019 passed by a Division Bench of this Court in W.P.(C) No. 20359 of 2019, and registered as above.

3. Mr. S. Mohanty, learned counsel for the petitioner contended that a perusal of the notification dated 10.04.2017 at Annexure-3 would go to show that the petitioner, who was working as ORS Group-B officer on being promoted in terms of Rule-4(b) of Odisha Revenue Service Group ‘B’ (Recruitment) Rules, 2011 against the Recruitment Year, 2012, has been reverted to his parent post, as per recommendation of the Review Selection Committee held in pursuance of orders of the Odisha Administrative Tribunal passed in O.A. No. 2595 of 2014 and other similar cases. It is further contended that the petitioner was not a party to the said Original Applications and, as such, the impugned order of reversion has been passed without complying the principles of natural justice and without giving opportunity of hearing to the petitioner, particularly when there was no allegation against the petitioner so as to pass an order of reversion.

4. Mr. M. Balabantaray, learned Standing Counsel for the State contended that since the tribunal has directed that the persons having less merits than the applicants before it having been selected and given promotion, they should be reverted and benefit should be extended to the applicants before it and consequentially the order impugned has been passed reverting the persons who had been considered less meritorious than the applicants in the Original Applications. Therefore, no illegality or irregularity has been committed by the authority so as to warrant interference by this Court. As a result, the writ petition does not merit consideration and the same is liable to be dismissed.

5. This Court heard Mr. S. Mohanty, learned counsel for the petitioner and Mr. M. Balabantaray, learned Standing Counsel appearing for the State opposite parties by hybrid mode. Perused the records and with the consent of the parties, the matter is being disposed of finally at the stage of admission.

6. On the basis of the undisputed facts and rival contentions raised by learned counsel for the parties, it is emerged that admittedly the petitioner was working as Senior Clerk in the Collectorate of Nabarangpur and he, having got outstanding CCRs which hav