Pramath Patnaik, J. - (1.) In the instant writ application the petitioner has prayed for direction to the respondents for appointment/promotion on Class-III post on the ground that persons juniors to him and having less qualifications have been appointed against Class-III posts.
(2.) The facts, in brief is that the father of the petitioner died in harness while working in BIT, Sindri. On the death of the father of the petitioner, the application was made for appointment and accordingly recommendation was made for appointment on compassionate ground. The petitioner has been appointed vide Annexure-2 to the writ application against Class-IV post. It has been submitted in the writ application that though juniors to the petitioners having less qualifications have been appointed in Class-III posts but the case of the petitioner has not been considered against Class-III post. It has further been averred that in spite of vacancies in Class-III post since the petitioner has been appointed against Class-IV post. He submitted representation before the concerned respondent for appointment on Class-III post. Since the said representation did not evoke any response by the respondent concerned, the petitioner has been constrained to approach this Court under Article 226 of the Constitution of India for redressal of his grievance.
(3.) Learned counsel for the petitioner submits that the petitioner is possessing Intermediate (Arts) qualification and also having Diploma in Computer Application, therefore, the case of the petitioner should have been considered in Class-III post because of the vacancies is evident from Annexure-4 to the writ application. Learned counsel for the petitioner further submits that juniors to the petitioner have been appointed against Class-III post and the petitioner has been subjected to discrimination which is violative to Article 14 and 16 of the Constitution of India.;