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ORISSA HIGH COURT: CUTTACK
B.R.SARANGI, S.K.MISHRA
State of Odisha – Appellant
Versus
Subrat Dash – Respondent
| Table of Content |
|---|
| 1. writ petition to quash tribunal's directive (Para 1) |
| 2. factual background of recruitment and age relaxation (Para 2) |
| 3. tribunal's conclusion on vacancies and age relaxation (Para 3) |
| 4. arguments by both parties regarding age limit (Para 4 , 5 , 6) |
| 5. key question of law regarding the applicability of rules (Para 8) |
| 6. application of old vs new rules on vacancies (Para 9 , 10 , 11) |
| 7. court upholds tribunal's ruling based on prior vacancies (Para 12) |
JUDGMENT :
By means of this Writ Petition, filed at the instance of the State and its functionary, prayer has been made to quash the common Order dated 13.01.2016 passed in O.A. No.109 (C) of 2012 and batch, as at Annexure-3, whereby the Odisha Administrative Tribunal, Cuttack Bench, Cuttack has directed the State- Petitioners to extend age relaxation to Opposite Party No.1 and other Applicants in the connected Original Applications against the vacancies in the post of Assistant Agriculture Officer occurred prior to 15.07.2011, during which period the proviso to Rule-2 of the Odisha Civil Services (Fixation of Upper Age Limit) Rules, 1989 (in short Rules, 1989) was in force, with an observation that in the event Opposite Pa
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