JUDGMENT

Sanjay Kumar Mishra, J. - In the present Writ Petition, a prayer has been made to quash the letter dated 24.05.2019, as at Annexure-6, vide which the Opposite Party No.2 rejected the proposal submitted by the Project Director, DRDA, Nayagarh-Opposite Party No.4, to treat the vacancy of the post of Computer Programmer in Khandapara Block as filled up and release allotment towards remuneration of Computer Programmer in the said Block in favour of the Petitioner.

2. The factual matrix leading to filing of the present Writ Petition is that the Petitioner passed HSC in the year, 1990, BCA in the year, 2006 and MCA in the year, 2014. While he was serving as Computer Programmer in Khandapara Block in the District of Nayagarh since 26.12.2006, the Opposite Party No.4 published an advertisement on 21.04.2008 inviting applications from eligible candidates for appointment of Computer Programmer in the said Block i.e. the post in which the present Petitioner is serving.

3. Being aggrieved by such advertisement dated 21.04.2008, the Petitioner approached this Court in W.P.(C) No.6512/2008 praying therein to quash the said advertisement issued by the Opposite Party No.4. The Writ Petition was disposed of on 20.02.2014 by quashing the advertisement dated 21.04.2008, with an observation that since the Petitioner is continuing in the post of Computer Programmer in Khandapara Block and there was no vacancy to issue 2nd advertisement dated 21.04.2008, the same is liable to be quashed and accordingly, the said advertisement was quashed. It was further observed vide the said Order that it is open to the Authority to take consequential action, if the appointment Order issued in favour of the Petitioner is without following the selection process.

4. In pursuance of the said observation of this Court, a clarification was sought for from Panchayati Raj Department vide DRDA letter dated 13.11.2014 for compliance of the Order of this Court. In response to said communication, the Director, Special Projects, P.R. Department, Government of Odisha, vide letter dated 08.12.2015 instructed the Opposite Party No.3 to take action at District level, he being the appointing Authority of Computer Programmers, with an observation that the report with regard to action taken may be sent for further action. In response to the said communication dated 08.12.2015 of the Opposite Party No.1, the Opposite Party No.3, vide Order dated 06.04.2018 in Misc. Case No.18/2016, confirmed the Order passed by the Project Director, DRDA, Nayagarh, and directed the Petitioner to continue as Computer Programmer in Khandapara Block in the District of Nayagarh as before.

5. Pursuant to the Order passed in Misc. Case No.18/2016, the Project Director, DRDA, Nayagarh, vide letter dated 02.08.2018, enclosing thereto the Order of the Collector, Nayagarh, dated 06.04.2018, wrote a letter to the Director, Special Projects, PR & DW Department, Government of Odisha, Bhubaneswar, with a request to the effect that in view of the Order passed by the Collector, Nayagarh, dated 06.04.2018, vacancy of the post of Computer Programmer in Khandapara Block may be treated as filled up and the allotment towards remuneration of the Computer Programmer in the said Block may be released.

6. However, the said proposal submitted by the Opposite Party No.4 was rejected by the Opposite Party No.2, vide communication dated 24.05.2019, as at Annexure-6, on the plea that the same does not merit for consideration, which is impugned in the present Writ Petition.

7. It is further case of the Petitioner that the decision of the Opposite Party No.2 to reject the proposal of Opposite Party No.4 dated 02.08.2018 regarding the acceptance of the post of Computer Programmer in Khandapara Block to be filled up and release of allotment for paying remuneration to Computer Programmer is illegal, arbitrary and product of non-application of mind, and is liable to be set aside as the said impugned communication indicates no reason