Orissa High Court
WP(C)/4627/2008 on 5 March, 2021
W.P.(C) No.4627 of 2008
05 05.03.2021 The matter is taken up through hybrid arrangement
(virtual/physical mode).
Heard Mr. M.K. Mohanty, learned counsel for the
petitioner and Mr. S.N. Mishra, learned Additional Government
Advocate.
The petitioner has filed this writ petition to quash the
order/letter dated 15.03.2008 under Annexure-5 issued by
opposite party no.3-District Rural Development Agency,
Balasore to all B.D.Os. of Balasore district for engagement of
GRS and further to quash Annexure-6 issued by opposite party
no.4 to opposite party no.6 for engagement as GRS of
Jambhirai G.P. He further seeks direction to the opposite
parties no.1 to 4 to give him appointment as against the post of
Multipurpose Assistant (Gram Rozgar Sevak) in Jambhirai G.P.
under Baliapal Block in the district of Balasore.
Mr. M.K. Mohanty, learned counsel for the petitioner
contended that an advertisement was issued by the District
Rural Development Agency, Balasore inviting applications from
eligible candidates for engagement of Multipurpose Assistant
(Gram Rozgar Sevak) against all 289 Grama Panchayats of
Balasore district on contractual basis. As per the said
advertisement, eligibility criteria were fixed. Educational
qualification was prescribed as +2 pass and preference would
be given to candidates having computer proficiency of 'O' Level
with use of Oriya language in computer and Commerce
students would get preferable over Arts and Science students.
It is contended that the petitioner is a Commerce student and
has got computer proficiency of 'O' Level. Thereby, the
petitioner has satisfied two preferences so far as qualification is
concerned. Instead of considering his case for engagement as
Multipurpose Assistant (Gram Rozgar Sevak), opposite party
no.6 has been appointed as Multipurpose Assistant (Gram
Rozgar Sevak), which is contrary to the conditions stipulated in
the advertisement. Therefore, he seeks interference of this
Court.
Mr. S.N. Mishra, learned Additional Government
Advocate contended that though the writ petition was filed in
the year 2008 and instruction was sought, the same has not
been received. Therefore, he seeks time to file counter
affidavit.
Having heard learned counsel for the parties and after
going through the records, this Court is not inclined to adjourn
the matter, as it is an old case of the year 2008. Since the
petitioner satisfies the qualification as per the advertisement
issued under Annexure-1 by possessing commerce qualification
and computer proficiency of 'O' Level, he should have been
selected and engaged as Multipurpose Assistant (Gram Rozgar
Sevak). Non-consideration of the same is arbitrary,
unreasonable and contrary to the conditions stipulated in the
advertisement issued under Annexure-1.
In that view of the matter, this writ petition is
disposed of directing opposite party no.2-Collector-cum-Chief
Executive Officer, Zilla Parishad, Balasore to consider the case
of the petitioner for engagement as Multipurpose Assistant
(Gram Rozgar Sevak) against any available vacancy taking into
consideration of his qualification as per the advertisement
issued under Annexure-1 as expeditiously as possible,
preferably within a period of three months from the date of
communication/production of this order.
Urgent certified copy of this order be granted on
proper application.
...............................
Alok (DR. B.R. SARANGI) JUDGE