Orissa High Court
Ganesh Pradhan vs State Of Odisha & Ors .... Opposite ... on 21 October, 2024
Author: Sashikanta Mishra
Bench: Sashikanta Mishra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No. 25258 of 2024
Ganesh Pradhan ... Petitioner
Mr. B.K.Nayak, Advocate
-Versus -
State of Odisha & Ors .... Opposite Parties
Additional Government
Advocate
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
21.10.2024 Order No.
01.
1. This matter is taken up through hybrid mode.
2. The petitioner has approached this Court with the following prayer:
" It is, therefore, most respectfully prayed that your Lordship may graciously be pleased to admit this writ application and issue Rule NISI to the Opposite Parties calling upon them to show cause as to why the impugned advertisement dtd. 17.08.2024 under Annexure-7 so far as it relates to Mujagada Grama Panchayat shall not be quashed and further why a direction shall not be issued to the Opposite Parties to consider the case of the petitioner for his absorption in the post of Jogan Sahayak taking into consideration his length of service and experience gained by him in the post of Salesman;
And on their failing to show cause or showing insufficient cause to the said Rule be made absolute by issuing appropriate writ(s).
And pass such further order(s) as may be deemed fit and proper;
And for this act of kindness, the petitioner shall, as in duty bound, ever pray."
3. The case of the petitioner is that he was appointed as salesman in Mujagada Gram Panchayat in the district of Ganjam and has been working as such since 01.11.2001. According to the petitioner, he has discharged his duties to the 1 best satisfaction of his authorities and there is no scar or blemish whatsoever in his service career. The Sarpanch of the Gram Panchayat by letter dated 08.08.2024 addressed to the BDO, Bhanjanagar recommended that the petitioner should be absorbed as Jogan Sahayak keeping in view his vast experience of 24 years in working as Salesman. The petitioner's grievance is that despite such recommendation, the BDO issued an advertisement on 17.08.2024 the inviting applications for the post of Jogan Sahayak. It is submitted by learned counsel for the petitioner that in the meantime, the petitioner has become overaged and would lose his job after rendering satisfactory work for 24 years in the process.
4. Mr. A.R.Dash, learned AGA submits that as per the consolidated guidelines issued by the Government in Food, Supplies and Consumer Welfare Department on 27.03.2018, relaxation of age is provided to Salesmen having experience as such.
5. After considering the rival submissions and on going through the materials on record including the consolidated guidelines referred to by the State counsel, this Court finds that the following is provided in the said guidelines.
"The minimum qualification for Jogan Sahayak was relaxed to 10th class pass, equivalent to matriculation, in 8 KBK and Kandhamal, Gajapati, Mayurbhanj, Sundargarh and Keonjhar districts. Upper age limit of experienced salesman (PDS) was relaxed by 10 years i.e. from 35 years to 45 years vide this Department letter no. 13723 dt. 12.08.2013 and No. 21547 dt. 20.012.2013. Vide letter No. 9780 dt. 10.05.2016, this relaxation was extended to the entire State."2
6. There is no provision as such for direct absorption of the existing Salesmen. However, age relaxation being provided the petitioner can always submit his application for direct recruited as Jogan Sahayak as per the advertisement. It is submitted that though the last date for submission of applications was 17.09.2024 yet the selection process initiated pursuant to said advertisement has not been concluded as yet. Such being the case and considering the fact that the petitioner is working as Salesmen having experience of 24 years, as a special case, the authorities may permit him to submit his application and consider the same by granting appropriate relaxation of age.
7. This order, however, shall not be operative if the selection process has been concluded in the meantime. Further, this order shall not be treated as precedent.
8. This writ petition is accordingly disposed of.
(Sashikanta Mishra) Judge Deepak Signature Not Verified Digitally Signed Signed by: DEEPAK PARIDA Reason: Authentication Location: OHC,Cuttack Date: 22-Oct-2024 13:35:32 3