B. R. Sarangi, J. - (1.) The petitioner, by means of this writ application, seeks to quash the advertisement no. 200 dated 25.01.2014 as well as the selection conducted pursuant thereto; and issue direction to the opposite parties to appoint him in the post of Jogan Sahayak of Kandei G.P. as per Annexure-2 series, in view of order dated 07.04.2014 passed by this Court in W.P.(C) No. 10271 of 2012 and batch, as well as Government Notification dated 12.08.2013.
(2.) The factual matrix of the case, in a nutshell, is that the petitioner was engaged as Salesman in Kandei Gram Panchayat on being duly selected, by virtue of resolution dated 26.12.2010 passed by the said Gram Panchayat. The Sarapanch of the said Gram Panchayat sent proposals vide communication dated 30.07.2014 to the District Panchayat Officer (D.P.O.), Balangir and Sub- Collector, Titilagarh to appoint the petitioner as Jogana Sahayak, as he was working as Salesman in the said Gram Panchayat since long and was receiving remuneration, pursuant to letter dated 19.02.2018 of the Executive Officer, Kandei Gram Panchayat. 2.1 The Commissioner-cum-Secretary, Government of Orissa in Food Supplies and Consumer Welfare Department, vide circular dated 27.04.2012, addressed to all the Collectors of the State regarding selection procedure for Jogana Sahayak, in partial modification to para-5 of letter no. 7040 dated 21.04.2012 to the effect that the Gram Panchayats (GPs) shall make resolutions in their meeting to appoint a Jogana Sahayak if they are dealing with at least 150 Q of PDS items (Rice, Wheat & Sugar) in a month. The resolutions will indicate the amount of honorarium for the Jogana Sahayak between Rs.3500/- and Rs.4000/-, and the same shall be sent to their Block Development Officers (BDOs), who shall collect all such resolutions from GPs and make a common advertisement inviting applications from interested candidates. The eligibility conditions read thus:- (1) the candidate should be a permanent resident of the GP; (2) he/she should be graduate (+3); and (3) he/she should be of age between 21 to 35 years. 2.2 Being aggrieved by such circular/notification dated 27.04.2012, the Salesmen of Gram Panchayats in Odisha filed several writ petitions before this Court, as because they were not given any opportunity. During pendency of the said writ petitions, the notification dated 27.04.2012 was modified vide notification dated 12.08.2013, wherein preference was given to 8 KBK districts and terms and conditions of the guidelines were changed to the effect that Jogana Sahayaks would of 10th class passed and their age limit would within 35 years to 45 years and that Salesmen would be given preference for their work experience, which means, if the Salesmen would come under the terms and conditions of the notification dated 12.08.2013 they would be entitled to be given appointment in the post of Jogan Sahayak. This Court disposed of W.P.(C) No. 10271 of 2012 (Khusman Jal and others v. State and Others) along with batch of cases on 07.04.2014, by vacating the interim order dated 19.06.2012, with the direction that by virtue of the corrigendum dated 12.08.2013, the case of the petitioners therein would be considered. Therefore, the Salesmen, who were continuing in Gram Panchayats earlier and had passed matriculation and their age was between 21 years to 45 years, were to be considered for approval as Jogan Sayaks in their respective Gram Panchayats, as per the modified notification dated 12.08.2013. 2.3 The impugned advertisement was issued on 25.01.2014 by the Block Development Officer, Turekela inviting applications for filling up of the post of Jogan Sahayak of Kandei Gram Panchayat in terms of the notification dated 12.08.2013. Pursuant thereto, desirous candidates, including petitioner and opposite parties no.8, 9 and 10 applied for the said post. After scrutiny of the records and documents of the candidates, a merit list was published for the post of Jogan Sahayak of Kandei G.P., wherein opposite parties no. 8, 9 and 10 stood 1st, 2nd and 3rd respectively. But the case of the petitioner, who was working as Salesman, was not considered. Hence this application.
(3.) Mr. B. Seth, learned counsel for the petitioner contended that the selection to the post of Jogan Sahayak of Kandei G.P. has been done without considering the case of the petitioner, who had served as Salesman in the said G.P., and as such, it is contended that the said selection cannot sustain and is liable to be quashed.;