DIRECTOR OF HORTICULTURE, ODISHA Vs. PRAVAT KUMAR DASH
LAWS(SC)-2019-8-39
SUPREME COURT OF INDIA (FROM: ORISSA)
Decided on August 09,2019

Director Of Horticulture, Odisha Appellant
VERSUS
Pravat Kumar Dash Respondents

JUDGEMENT

Hemant Gupta, J. - (1.) Leave granted.
(2.) The challenge in the present appeals is to a judgment passed by Orissa High Court on December 22, 2017 maintaining the order dated June 27, 2014 passed by Odisha Administrative Tribunal in Original Application (OA) No. 1510 of 2012 and other petitions. The Tribunal decided nine OAs by a common order whereby the orders passed by the Government not to fill up the posts of Gardener and to create the equal number of posts of Horticulture Extension Workers were set aside. The State was directed to consider the applicants for appointment against the existing vacant posts of Gardener. The operative part of the order reads as under: "17. In view of our analysis in the foregoing paragraphs, the order dated 15.9.2012, 06.10.2012 and 17.11.2012 passed by the Government in their Agriculture Department not to fill up the posts of Gardener and create equal number of posts of Horticulture Extension Workers stand quashed. Respondents are directed to consider the case of the applicants for their appointment against the existing vacant posts of Gardener, as has been done in the case of similarly placed trained candidates pursuant to the order of the Hon'ble High Court, within a period of three months from the date of receipt of copy of this order. Since the applicants have been fighting for their right for the last more than 15 years, respondents are directed to stick to the dead line fixed by this Tribunal."
(3.) Aggrieved against the said order, the State and the Director of Horticulture, Odisha filed writ petitions before the High Court. The High Court dismissed the writ petitions holding that the applicants had undergone training after being selected and sponsored by the Government. It is also held that since the posts of Gardener are lying vacant, there is no reason why the State should not consider the applicants against such vacancies.;


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