Decided on December 03,2002



- (1.)Delay condoned.
(2.)C. A. Nos. 3978-3979 of 1998 have been filed challenging the orders of the Orissa administrative Tribunal at Bhubaneswar in misc. Petition (RP) No. 17 of 1997 dated 1.3.1997 and O. A. No. 206 of 1989 dated 3.1.1997 by the parties, who were Private Respondents before the Tribunal and the State of orissa as well as the Director General and I. G. of Police together filed C. A. No. 3980 of 1998 against the order dated 3.1.1997 in O. A. No. 206 of 1989. Heard Mr. Jaideep Gupta, learned Senior Advocate for the appellants, Shri r. K. Mehta, learned counsel for the State of orissa and DGP appellants in C. A. No. 3980 of 1998 and of Mr. PH. Parekh, learned counsel for some of the private respondents. They reiterated their respective stand taken before the Tribunal. Since the matter has a chequered history, a bird's eye-view of the salient features of the case becomes necessary to be noticed for a proper understanding as well as appreciation of the claims of contesting parties.
(3.)The Orissa Police Manual, 1940 contained a provision (Vide Rule 862 (b) : Vol. 1 and appendix 41 of Vol. II) that the Assistant in the office of the IG of Police since re-designated as the DGP and IGP shall be the appointing authority in respect of the ministerial staff of DGP and IGP office. Thereafter, Rules came to be issued under Article 309 of the constitution of India, known as the Orissa ministerial Service (Method of Recruitment of junior Assistant in the office of Heads of Departments) rules 1975, empowering the Board of Revenue to select LD Assistants (now called 'junior Assistants') through competitive examinations to be held once every year, with further provisions for the constitution of Board, the necessary syllabus therefore, further enabling the Chairman of the Board to allot candidates, as a result of which the Ministerial Staff for the DGP and IGP also came to be recruited thereunder. When the IG Police sought exemption from those rules in respect of the Ministerial staff for his office, the Government appears to have passed an Order dated 16.12.1980 granting exemption but at the same time calling upon, in the very same order, for submission of draft rules regulating the recruitment, training and promotion of Assistants in the police offices, to the Government at an early date for its approval. While matters stood thus between the date of exemption 16.12.1980 and the actual making of the statutory rules, i. e. , 28.4.1988, the DGP was now and then making recruitment of Assistants purporting to exercise the powers under the old Police manual, by calling for names from the Employment Exchanges and holding a summary written examination and interview. A total of 74 candidates were said to have been so appointed between 1981 and 1983, specifically mentioning in their appointment orders that they were being appointed on temporary basis and that their appointments are liable to be terminated at any time without prior notice. Of those 74, 58 persons were said to have been so appointed out of the selections made in 1981 and 16 were said to be of SC/st candidates selected in 1983. In the year 1985, again 34 candidates appear to have been selected and appointed and this also was on ad hoc/temporary basis. On 3.12.1986, these 34 candidates, including Respondents 3 to 5 and 7 in these appeals, were said to have been discharged from service, followed by appointment of 54 candidates on 20. 12.1986 in lieu thereof, again as a temporary/ad hoc measure.

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