Non-acceptance of joining report in violation of the principle of estoppel.

JUDGMENT

B.R. Sarangi, J. - The petitioner, by way of this writ petition, seeks direction to opposite party no.4- Chief Fire Officer, Odisha, Cuttack to allow him to work as a Fireman in Odisha Fire Service pursuant to appointment order dated 29.12.2013 in Annexure-4 and submission of joining report dated 03.01.2014 in Annexure-5 and grant all consequential benefits admissible to him in accordance with law.

2. The factual matrix of the case, in brief, is that pursuant to advertisement issued on 18.04.2013 published in the local daily "The Samaj", the petitioner, having satisfied the required conditions stipulated therein, applied for the post of Fireman in Odisha Fire Service under SEBC category. Accordingly, he was called upon to appear the physical test and after he became successful, admit card was issued in his favour indicating that he was qualified and allowed to appear in the written test. After he became successful in the written test, vide letter dated 07.11.2013, he was called upon for verification of his original educational certificates, caste certificate, N.C.C. certificate and medical fitness certificate. Accordingly, he produced all the original certificates required for verification. Having satisfied that the petitioner qualified both in physical test and written test, and subsequently on verification of certificates, opposite party no.4 issued appointment order on 29.12.2013 in favour of the petitioner to join as Fireman in Odisha Fire Service in the revised scale of Rs.5,200-20,000/- with grade pay of Rs.1900 with usual allowances admissible as per rules.

2.1 Pursuant to such appointment letter dated 29.12.2013, the petitioner submitted his joining report on 03.01.2014, but he was not allowed to work as Fireman in Odisha Fire Service without assigning any reasons.

2.2 Hence, seeking the above relief the petitioner filed O.A. No. 387 (C) of 2014 before the Odisha Administrative Tribunal, Cuttack Bench, Cuttack, but on abolition of the same, the said O.A. was transferred to this Court, in pursuance of order dated 27.11.2019 passed in W.P.(C) No. 18004 of 2019 by a Division Bench of this Court, and registered as above and taken up for hearing.

3. Mr. K.K. Swain, learned counsel for the petitioner contended that the petitioner, having satisfied the requirement pursuant to advertisement issued under Annexure-1 dated 18.04.2013, applied for the post of Fireman under SEBC category and having qualified in physical test and written test, he was called upon to produce the relevant documents for verification. After verification of documents and on completion of all formalities, when the petitioner was qualified to be appointed as Fireman, necessary appointment letter was issued on 29.12.2013 in his favour. Consequentially, he submitted his joining report on 03.01.2014, but he was not allowed to work as Fireman, without communicating any reasons therefor to the petitioner. Thereby the action taken by the authority is arbitrary, unreasonable and contrary to the provisions of law. More so, the same is violative of the principle of estoppel. It is further contended that due to any error committed by the authority, the petitioner should not make to suffer. To substantiate his contentions, he has relied upon a judgment of this Court in Pratima Sahoo v. State of Orissa,2021 1 OrissaLR 174.

4. Mr. M. Balabantaray, learned Addl. Standing Counsel for the State argued with vehemence, referring to counter affidavit filed on behalf of opposite parties no.1 to 4, and contended that it is the admitted fact that the petitioner was selected and appointment letter was issued in his favour, but the same was not accepted because of the fact that a team of Fire personnel were assigned for verification and rechecking of genuineness of all the certifica