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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Government of Orissa – Appellant
Versus
Urmila Kumari Devi – Respondent


Advocates Appeared:
For the Petitioner: Mr. A.K. Mishra, Addl. Govt. Adv.
For the Opp. Parties :M/s. S. Swain, D.P. Mishra and M. Pagal, Advocates

Table of Content
1. background of the appointment case. (Para 1 , 2)
2. parties' contentions regarding appointment. (Para 3 , 4)
3. court's analysis of the legal validity. (Para 6 , 9 , 10)
4. principles on abolition of posts by the state. (Para 7 , 8)
5. final conclusion and order of the court. (Para 11)

JUDGMENT :

The Government of Orissa through its Commissioner-cum-Secretary, Health and Family Welfare Department, has filed this writ petition seeking to quash the order dated 13.04.2009 passed in O.A No.1295 of 1998, by which the Odisha Administrative Tribunal, Bhubaneswar, has disposed of the said O.A. directing the petitioner to issue appointment order in favour of opposite party no.1 in the post of Demonstrator in the Drabyaguna discipline, in pursuance of the merit list dated 30.09.2007, and the entire exercise shall be completed within a period of three months from the date of receipt of the copy of the order.

2.1 An advertisement was published on 05.08.1997 by DIM&H(O) for filling up of 7 vacant posts of Demonstrator in different teaching disciplines of Government Ayurvedic Colleges of the State, out of which 2/3rd of the vacancies were to be filled up from service., i.e., from amo

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