OJC No. 4835 of 1999. Case: Soumyaranjan Parida Vs Union of India (UOI) and Ors.. High Court of Orissa (India)

Case NumberOJC No. 4835 of 1999
JudgesA.S. Naidu and B.N. Mahapatra, JJ.
IssueParadip Port Trust Rules - Rule 14; Paradip Port Employees (Recruitment. Seniority and Promotion) Regulations, 1967
Citation110 (2010) CLT 560
Judgement DateJune 25, 2010
CourtHigh Court of Orissa (India)

Judgment:

A.S. Naidu. J.

  1. The controversy in this Writ Petition is with regard selection & appointment to the post of Junior Engineer. (Mechanical) in the establishment of Paradip Port Trust (hereinafter referred to as 'PPT'). In the year 1998 a request was made by the PPT to the Employment Officer, Special Employment Exchange, Paradeep Port to sponsor names for filling up the vacancies for the post of Junior Engineer (Mechanical) & requested to recommend the names of 10 eligible candidates who have passed H.SC in first class & possessed Diploma level or any higher level qualification in Mechanical/Automobile Engineering. The Petitioner, it is submitted, had passed H.SC in first division & thereafter completed three years Diploma Course in Mechanical (Automobile) in the year 1992. He was working as a Supervisor in Bharat Automobile Works, Paradip. He had also completed one year apprenticeship training in PPT. The name of the Petitioner was sponsored by the Employment Officer, Special Employment Exchange, Paradip Port along with thirteen others to PPT. The Petitioner thereafter called upon to attend the interview on 04.8.1998. According to the Petitioner, he answered 90% of the questions put to him but then by Order Dated 06.8.1998 the PPT authorities selected & appointed Opp. Party No. 7 as Junior Engineer (Mechanical) ignoring his just claim. The said selection is assailed in this Writ Petition.

  2. The Petitioner, it appears being aggrieved by the selection process had approached this Court earlier in OJC No. 15479 of 1998. The said Writ Petition was disposed of directing the PPT authorities to consider the case of the Petitioner in accordance with the stipulations made in letter dated 27.4.1988 issued by the Government of Orissa, Industry Department. It is alleged that, without considering the purport of the order the application filed by the Petitioner was rejected by the PPT authorities mainly on three grounds i.e. i) the vacancy of Junior Engineer (Mechanical) was filled up by the candidate who had secured more marks than the Petitioner; ii) the guidelines issued by the Government of Orissa, Industry Department is meant for Public Sector Undertakings of the State Government & are not binding upon Paradip Port Trust & iii) the Paradip Port Trust was following the principles enunciated by the Hon'ble Supreme Court in the decision (U.P. State Road Transport Corporation Anr. v. U.P. Parivahan Nigam Shishukhs Berozgar Sangh and Ors. AIR 1995 SC 1115). Further it is stated that the Selection Committee constituted under the Rules, conducted the interview & in the said interview, Opp. Party No. 7 secured higher marks than the Petitioner & as such, she was selected & appointed in the year 1998.

  3. According to the Petitioner the method of selection was based on extraneous considerations. In fact the assessment of career of different candidates was not properly made & marks assigned were defective. That apart, it is stated that Opp. Party No. 7 had produced certain false certificates which were considered during assessment of eligibility of the candidates & as such the entire selection process was tented with non consideration of genuine documents, at the same time consideration of document which was created for the...

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