STATE OF ORISSA versus MD. FAKIRUDDIN AND DR. (MRS.) GIRISHABALA MOHANTY

STATE OF ORISSA versus MD. FAKIRUDDIN AND DR. (MRS.) GIRISHABALA MOHANTY

Given the overriding language of sub-rule (2) of Rule 9, the State Government is not required to consider the cases of each Principal (Grade-I) for possible relaxation if it decides that such relaxation would not be in public interest. Direct appointment by transfer is permissible in these circumstances, and the scheme excludes government relaxing experience independently without going through the Promotion Board and Public Service Commission.

Parties
Appellant: State of Orissa; Respondent: Md. Fakiruddin; Respondent: Dr. (Mrs.) Girishabala Mohanty
Jurisdiction
India
Judgment Date
14 October 1993
Procedural Posture
Civil Appeals / On Appeal From the Orissa Administrative Tribunal's Order Quashing Appointment and Directing Reconsideration
Outcome
Appeals allowed. Order of Tribunal set aside. Applications before Tribunal dismissed.
Legal Topics
Appointment by Promotion, Eligibility for Promotion, Relaxation of Service Rules, Selection Process, Public Service Commission
Service Law Administrative Law Appointment by Promotion Eligibility for Promotion Relaxation of Service Rules Selection Process Public Service Commission

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Parties

State of Orissa

Appellant

Md. Fakiruddin

Respondent

Dr. (Mrs.) Girishabala Mohanty

Respondent

Procedural Posture

Civil Appeals / On Appeal From the Orissa Administrative Tribunal's Order Quashing Appointment and Directing Reconsideration

Legal Issues

  1. 1 Whether the State Government is required to consider the cases of all Principals (Grade-I) for relaxation of the minimum experience prior to making appointment by transfer under Rule 9 as amended in 1992
  2. 2 Whether the State Government can on its own relax the experience requirement for appointment of Director, Higher Education
  3. 3 Whether appointment by transfer without such consideration is valid as per amended rules

Ratio Decidendi

Given the overriding language of sub-rule (2) of Rule 9, the State Government is not required to consider the cases of each Principal (Grade-I) for possible relaxation if it decides that such relaxation would not be in public interest. Direct appointment by transfer is permissible in these circumstances, and the scheme excludes government relaxing experience independently without going through the Promotion Board and Public Service Commission.

Court Disposition

Appeals allowed. Order of Tribunal set aside. Applications before Tribunal dismissed.

Orders

  • The judgment of the Orissa Administrative Tribunal is set aside.
  • O.A. Nos. 1088 and 1587 of 1992 are dismissed.