STATE OF ODISHA Vs. MANMOHAN RATH AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed by the State Government making the following prayers:

(2.) Brief facts of the case is that the applicant before the Tribunal, opposite party no.1 herein, filed an application before the Tribunal being O.A.No.1456 of 2008 for grant of retrospective promotion to the rank of Orissa Administrative Service-I, Senior Branch. His grievance before the Tribunal was that he joined as Orissa Administrative Service-II in 1974 batch but his name was recommended for promotion under Orissa Administrative Service-I, Senior Branch cadre on account of the pendency of the departmental proceeding and for adverse remarks for 98 days for the year 1992-93 while his juniors were promoted to the rank of Orissa Administrative Service-I, Senior Branch on 26.10.1994. Subsequently, adverse remarks was expunged on 31.10.1994 and also departmental proceeding was dropped on 23.8.1995 hence his case was considered by the selection board on 6.10.1995, was promoted to the Orissa Administrative Service-I, Senior Branch on 23.9.1995 in which he was regularized vide order dated 29.9.1998 being concurrence given by the Orissa Public Service Commission. The opposite party no.1 made a representation for retrospective promotion to the rank of Orissa Administrative Service-I, Senior Branch with effect from the date from which his juniors had been promoted but the same was rejected by the government which compelled him to move the Tribunal by filing two original applications being O.A.No.82 of 2001 and O.A.No.91 of 2001. The competent authority has constituted a review departmental promotion committee, meeting of which was held on 24.9.1995 recommending his case for promotion with retrospective effect from 26.10.1994 to the rank of Orissa Administrative Service-I, Senior Branch subject to concurrence of the Orissa Public Service Commission and as such the original applications filed by the opposite party no.1 had been withdrawn being pressed. Opposite party no.1 had been granted retrospective promotion to the rank of Orissa Administrative Service-I, Senior Branch due to non-concurrence of the Orissa Public Service Commission, as a result of which he again moved the Tribunal by filing another original application being O.A.No.1445 of 2006 and the Tribunal has disposed of the original application vide order dated 16.11.2006 with a direction to the competent authority to treat the original application as the representation of the applicant and to dispose of the same by a speaking order within four weeks from the date of communication of the same. Accordingly representation of the opposite party no.1 was rejected on 30.12.2006 by the order of the Special Secretary, General Administrative Departmental on the ground that the Orissa Public Service Commission did concur the promotion with retrospective effect, being aggrieved with the rejection order dated 30.12.2006 the opposite party no.1 had filed another original application being O.A.No.68 of 2007 and while disposing of the original application vide order dated 20.9.2007 quashed the order of rejection dated 30.12.2006, remanded the matter before the competent authority to take into consideration the entire material along with recommendation of the review departmental promotion committee and pass necessary order. The competent authority has again passed an order dated 25.1.2008 rejected the claim of the opposite party no.1 on the same ground on which order dated 30.12.2006 was passed, opposite party no.1 again approached the Tribunal by filing original application being O.A.No.1456 of 2008, Tribunal has disposed of the original application vide order dated 10.5.2012 directing the respondent no.1, therein, to consider grant of retrospective promotion to the rank of Orissa Administrative Service, Class-I, Senior Branch from the date as recommended by the departmental promotion committee with all service benefits.

(3.) Opposite party no.1 has subsequently filed one contempt petition before the tribunal being C.P.No.9 of 2013 alleging non-compliance of the order of the Tribunal passed in O.A.No.1456 of 2008 dated 10.5.2012. The competent authority of the state Government has subsequently passed reasoned order on 27.12.2013 rejected the claim of the opposite party no.1, however the same was having been passed by the Joint Secretary, the same has subsequently been modified on 19.6.2013 by inserting the words "by orders of the Governor" with the stipulation that all other conditions are unaltered. The Tribunal, while entertaining contempt petition no.9 of 2013, has passed order on 2.8.2013 directing the state authority to file proper compliance report rejecting the show cause reply filed by the authority on 27.6.2013 failing which the alleged contemnor must appear in person to receive charge of contempt and face the trial. The State of Odisha being aggrieved with the orders passed in O.A.No.1456 of 2008 and C.P.No.9 of 2013 is before this Court assailed the same on the ground that the Orissa Public Service Commission being the competent authority to recommend the case of promotion to the rank of Class-II officer under such cadre since has given concurrence with respect to the recommendation of the review departmental, promotion committee, as such his retrospective promotion has been rejected. This aspect of the matter was brought into the notice of the Tribunal in the contempt petition with a prayer to drop the contempt since the order has been complied with.