Orissa High Court
Dr. Ganesh Chandra Kund vs State Of Odisha And Others on 2 November, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P. (C) No. 28782 of 2022
Dr. Ganesh Chandra Kund ..... Petitioner
Mr. J. Pal, Advocate
Vs.
State of Odisha and others ..... Opposite parties
Mr. A.K. Mishra, AGA
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
02.11.2022
Order No. W.P.(C) No. 28782 of 2022 & I.A. No. 14784 of 2022
This matter is taken up through hybrid mode.
2. Heard Mr. J. Pal, learned counsel appearing for the petitioner.
3. The petitioner has filed this writ petition seeking to quash the
advertisement dated 16.09.2022, so far as it relates to the recruitment of
Assistant Professor in Fishery Hydrography under Sl. No. (C), Fishery
Science is concerned. The petitioner further seeks for direction to
opposite party no.1 to take a decision on the letter dated 11.09.2014 to
absorb the petitioner in the post of Assistant Professor in Statistics.
4. Mr. J. Pal, learned counsel for the petitioner contended that this is
the second journey of the petitioner to this Court. Earlier he had
approached this Court by filing W.P.(C) No. 14252 of 2008 seeking
direction to absorb him in regular service in the University and grant all
benefits as due and admissible to him in accordance with law.
Considering the grievance of the petitioner, the writ petition was
disposed of vide order dated 28.07.2017 directing the opposite parties to
consider the case of the petitioner in the light of the judgment of this
Court in the case of Susanta Kumar Mohanty v. O.U.A.T. and others,
2016 (1) OLR 565 and other similar orders passed by this Court in OJC
No. 17618 of 1997 disposed of on 27.07.2005, W.P.(C) No. 14049 of
2006 disposed of on 17.07.2008 (Dr. Sarbanarayan Mishra v. Orissa
University of Agriculture & Technology and others). It is also brought
to the notice of this Court that in the said writ petition counter affidavit
had been filed by the opposite parties by candidly admitting that the case
of the petitioner has been recommended to Government on 11.09.2014
for conversion of the post of Assistant Professor in Hydrography to the
post of Assistant Professor in Statistics with Computer Knowledge in the
College of Fisheries, Rangeilunda, Berhampur under OUAT, which is
pending for consideration till date. Against the order of the learned
Single Judge, the OUAT preferred W.A. No. 400 of 2017, but this Court
while disposing of the Writ Appeal vide order dated 28.01.2019
observed that there is no vacancy of lecturer or Associate Professor of
Statistics in the concerned college, though a requisite has been sent by
the O.U.A.T to the Government, but the Government has not yet created
any such post and secondly the Statute 49 of O.U.A.T. Statutes, 1966 is
not applicable to the petitioner. However, it was observed finally that the
petitioner shall continue in the post as long as he desires or he attains the
age of superannuation and in case in the future any suitable post is
created, where he can be absorbed, his case shall be considered as per the
Statute 49 of the O.U.A.T. Statutes, 1966. Therefore, when the
recommendation of the petitioner is still pending with the Government
with effect from 11.09.2014, the advertisement issued in Annexure-1 so
far as the post of Fishery Hydrography under Fishery Science is
concerned cannot sustain. Thereby, he contended that the recruitment to
the said post should be quashed.
5. Having heard learned counsel for the petitioner, it appears that
since the request has been made by the University for conversion of the
post of Assistant Professor in Hydrography to the post of Assistant
Professor in Statistics with Computer Knowledge, issuance of
advertisement to fill up the post of Assistant Professor in Fishery
Hydrography is to deprive the petitioner to get regular service, even
though he has rendered 23 years of service.
6. In that view of the matter, issue notice to the opposite parties.
7. One extra copy of the writ petition be served on learned counsel
for the State appearing for opposite party No. 1, who shall take
instruction and file counter affidavit.
8. Requisites for issuance of notice to opposite parties 2 to 5 by
speed post be filed within three days. The notice be issued fixing short
returnable date.
9. As an interim measure, the recruitment process for recruitment to
the post of Assistant Professor in Fishery Hydrography pursuant to
Advertisement dated 16.09.2022 under Annexure-1 may continue, but no
final decision shall be taken without leave of this Court till 02.12.2022.
10. Issue urgent certified copy as per rules.
Arun (DR. B.R. SARANGI, J.)
