(1.) Since the issue involved in these two petitions is the same, hence both the cases have been taken up together and the same are being disposed of as follows.
(2.) W.P.(C) No. 11558 of 2010 has been filed under Articles 226 and 227 of the Constitution of India by the petitioner assailing the order dated 28.6.2010 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A.No.2595(C) of 2009 whereby and where under the claim of the petitioner for continuance with the post in which he is discharging duty, has been held to be illegal.
(3.) Brief facts of the case of the petitioner is that in pursuance to the notice published in the notice board for filling up of the post of Watchman-cum-Sweeper before the District Consumer Redressal Forum, Bhadrak he has been appointed on 29.8.1996, his appointment has been made on the basis of the direction of the government dated 16.2.1998 as contained in Order No. 3606 issued by the Director, Consumer Affairs-cum-Joint Secretary to Government and since then he is continuing in service.