Petitioner sought to quash disengagement order and regularize service as a Junior Engineer. The court dismissed the petition, holding that LFS councils lack competency to make such appointments; only the State is competent to extend benefits. Interim order vacated.
Writ petition dismissed; interim order dated 09.07.2010 vacated.
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W.P.(C) No. 11564 of 2010
None appears for the petitioner at the time of
call.
Mr. B. Senapati, learned Addl. Government Advocate is present.
Perused the records. The petitioner has filed this application seeking to quash the order of disengagement dated 31.05.2010 and further seeks for a direction to the opposite parties to absorb/regularize his service in the post of Jr. Engineer within a stipulated time.
Though notice issued to all the opposite parties and the same having been made sufficient, opposite party nos.3 and 4 did not choose to appear.
Mr. B. Senapati, learned Addl. Government Advocate appearing for opposite party nos.1 and 2 produce the instruction received by him, of which relevant portions are quoted below:-
“…… the appointment of Junior Engineer under LFS cadre either on contractual basis or on regular way is not the concern of the council of an ULB, and the council has no authority/power to do so as per the statutory provisions of Rule-7 of the OLFS, Rule, 1975 read with Section 73(1) of Orissa Municipal Act, 1950. As such, the appointment given to Sri Pravash Kumar Majhi, Sri Arun Kumar Behera and Sri Girish Chandra Mishra as J.E. on contractual basis in your ULB is irregular and contravenes the existing provisions and hence, is not admissible under Rules. Further, the aforesaid three persons have challenged their order of disengagement before Hon’ble High Court in W.P.(C) No.8427/2008 wherein the Hon’ble Court have directed not to disengage them till 04.08.2008. Hence there was no locus standi of
their further continuance after 04.08.2008.”
In view of the instruction received by the Addl. Government Advocate, since the petitioner is holding the LFS cadre post, to which the municipal authority is not competent to give such appointment, this Court is not inclined to pass any order with regard to continuance of the petitioner, as the State is the competent authority to extend such benefit.
In view of such position, this Court does not find any merit in the writ petition and thus the same is hereby dismissed.
The interim order dated 09.07.2010 stands vacated.
…………….……………
Ashok
(DR. B.R. SARANGI) JUDGE
2 issues framed by the court
Whether a Local Fund Service (LFS) council has the authority to regularly appoint Junior Engineers under the statutory provisions.
Whether the petitioner is entitled to directions for regularization of service in a post beyond the municipal council's competence.
Colour shows how this judgement treated each authority
Not SpecifiedReferred
W.P.(C) No.8427/2008
2 provisions across 2 enactments
Rightful heirs of Sri Pravash Kumar Majhi
State of Odisha
Other opposite parties
DR. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
