JUDGEMENT

09.7.2024.

Sashikanta Mishra,J . The Petitioner has filed this Writ Petition seeking a direction to the Opposite Parties to consider W.P.(C) No. 5838 of 2024 Page 2 of 13 his case for promotion if he is otherwise eligible to the post of Accountant-cum-Data Entry Operator.

2. The brief facts of the case are that the Petitioner being appointed as Gram Rojgar Sevak (GRS) on 02.4.2013 under Gudelpali Gram Panchayat in the district of Bargarh has been working as such since then. The Government of Odisha in Panchayati Raj Department has recently framed a Rules called the Odisha Accountant-cum-Data Entry Operator (Method of Recruitment and Conditions of Service) Rules, 2024, which came into force on 27.2.2024. As per Rule 4 of the said Rules, 70% of the cadre strength is to be filled up by way of direct recruitment and 30% by means of selection of the eligible GRS engaged under MGNREGS Scheme. Further, Rule 10 provides as a one time measure by way of relaxation of the provisions of the Rules, that the GRS who have completed 5 years of continuous service on the date of commencement of the Rules shall be absorbed on regular basis subject to W.P.(C) No. 5838 of 2024 Page 3 of 13 fulfillment of other conditions and relaxation of upper age limit.

3. It is the case of the Petitioner that having completed five years of continuous service, he is eligible to be absorbed on regular basis against the vacant post of Accountant-cum-Data Entry Operator.

However, he apprehends that his case would not be considered as a false vigilance case has been foisted against him purportedly on the direction of the Lokayuta, Odisha. As such, his case may not be considered by taking recourse to Clause (b) of Sub-rule (5) of Rule 10 of the 2024 Rules which provides for vigilance and criminal clearance as an eligibility condition. He has, therefore approached this Court in the present Writ Petition with the following prayer;

“The Petitioner, above named, therefore prayed that in the facts and circumstances of the case stated above, this Hon’ble Court may graciously be pleased to issue notice to the Opposite Parties, directing them to show cause as to why the Writ Petition shall not be allowed.

And if the Opposite Parties fail to show cause and/or cause shown found to be insufficient in law as well as in the facts and circumstances of the case, the Hon’ble Court may please to allow this Writ Petition directing the Opp. Parties to consider the case of the Petitioner for promotion if he is otherwise W.P.(C) No. 5838 of 2024 Page 4 of 13 eligible with his experience ignoring the pendency of Sambalpur Vigilance P.S. Case No.45/2021 till the conclusion of trial of the said case as per law laid down in W.P.(C) No.20342 of 2021 decided on 8.9.2023 by issuance of appropriate writ or writs particularly a writ of Mandamus.”

4. Counter affidavit has been filed by the State-

Opposite Party No.1. It is stated that 2024 Rules were framed being approved by the cabinet to facilitate better, effective and timely regulation of official transactions, proper management, documentation of record and financial management of various schemes at grassroot level/Gram Panchayat level. As per the said rules, 30% of the sanctioned posts of Accountant-

cum-Data Entry Operator shall be filled up by absorbing the eligible GRS following the procedure prescribed in Rule 10. As per Rule 10(5)(b) Vigilance and Criminal Case Clearance Report is a mandatory provision to define the eligibility of a GRS for his further selection to the post. Hence, pendency of a vigilance case against the Petitioner after duly being charge sheeted by the vigilance authorities will result in loss of eligibility for his selection to the post. After finalization of vigilance case, the Petitioner will be W.P.(C) No. 5838 of 2024 Page 5 of 13 definitely eligible for selection