Disposed

Manoj Tarai v. Chairman,Paradip Port Trust

Orissa HC6 May 2024WP(C)/22288/2016

Case brief

AI extract

What is this about?

An aspirant under a special PwD recruitment drive challenged rejection of his application for the post of Helper at Paradip Port Trust, as his experience certificate overlapped with his ITI course. Noting no vacancy existed, the court declined to grant relief but permitted him to apply in future if eligible.

What did the court decide?

Petitioner permitted to apply for the Helper post in future if otherwise eligible; no costs.

Manoj Tarai Vs Chairman,Paradip Port Trust — Service and Employment | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.22288 of 2016

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Manoj Tarai …. Petitioner(s)

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Mr. Tanmay Mishra, Adv.

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-versus-

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The Chairman, Paradip Port …. Opposite Parties Trust, Jagatsinghpur & Ors.

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Mr. S.D. Das, Sr. Adv. along with associates for O.Ps.1 & 2 Mr. Jyoti Pattnaik, Adv. for O.P.3

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Order No.

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CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER

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06.05.2024

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1 . This matter is taken up through hybrid arrangement.

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2 . In filing this Writ Petition, the Petitioner being an aspirant for the post of Helper, has challenged the communication/order dated 14^th December, 2016/ Annexure-14 made/passed by the Chairman, Paradip Port Trust/Opposite Party no.1. Apart from this challenge, the Petitioner has also sought for a direction from this Court to the Opposite Parties/Paradip Port Trust authorities for giving him appointment in the post of Helper.

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3. Factual scenario of the case as well as submissions on behalf of the parties in brevity remains:-

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 08-May-2024 17:52:21

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(i) Pursuant to the advertisement published by the Secretary, Administrative Department, Paradip Port

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Page 1 of 4

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Trust/Opposite Party No.2 for different kinds of Class-IV posts, the present Petitioner claiming himself to be a suitable candidate applied for the post of Helper.

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(ii) It is pertinent to mention here that a special recruitment drive was conducted through the above noted advertisement for filling up the backlog vacancies in respect of the PwDs. So far as the post of Helper is concerned, the same was assigned to 05-Hearing Impairment (HI/HH). The other eligibility criteria for the post of Helper, is extracted herein below:-

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“The candidates should pass the I.T.I examination in Fitter/ Diesel Mechanic / Motor Mechanic / Machinist / Turner / Electrician / Welder / Electronic from a recognized Institution with two years experience in the respective Trades from a reputed Organization.”

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(iii) Learned counsel for the Petitioner submits that though the Petitioner applied for the above noted post with all required documents, the said application of the Petitioner was not considered. Accordingly, on 19.09.2016 the father of the Petitioner submitted a representation before the Deputy Secretary, Paradip Port Trust for allowing his son for certificate verification or else for intimating him the reason of not calling his son for certificate verification.

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 08-May-2024 17:52:21

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(iv) Since the authority concerned did not pay any at ten tion to the said representation of the father of the Petitioner, the Petitioner preferred a Writ Petition vide

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Page 2 of 4

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W.P.(C) No.17514 of 2016 before this Court. Upon hearing the parties concerned, the said Writ Petition was disposed of directing the authorities concerned for considering the above noted representation of the father of the Petitioner.

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(v) Accordingly, upon getting the order of this Court the authorities concerned rejected the claim of the Petitioner. Hence, this Writ Petition.

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(vi) On the query of this Court, learned counsel for the Petitioner submits that the Petitioner has completed the I.T.I. course in Welder Trade in the year 2015. He further submits that in order to apply for the above noted posts the Petitioner had also obtained two years experience certificate from the Aswathi Enterprisers, wherein the period of experience acquired by the Petitioner in welding was mentioned from 01.04.2014 to 01.04.2016. It may be noted that the Petitioner has passed the ITI course in the year 2015.

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(vii) At this juncture, learned Senior Advocate appearing on behalf of the Opposite Party Nos.1 & 2 submits that since the experience certificate submitted by the Petitioner was obtained prior to completion of the I.T.I. course, his candidature was not considered as there was some terms

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and conditions stipulated in the advertisement for the post Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 08-May-2024 17:52:21

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applied for by the Petitioner.

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(v iii) On instruction, learned Senior Advocate appearing on behalf of the Opposite Party Nos.1 & 2 further submits

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Page 3 of 4

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that there is no vacancy available in the Organization to accommodate the present Petitioner.

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4. Be that as it may, looking to the factual scenario of the case and considering the submission made by the learned Senior Advocate appearing on behalf of the Opposite Party Nos.1 & 2, this Court is not inclined to entertain the prayer made in this Writ Petition presently. However, considering the request of learned counsel for the Petitioner, this Court permits the Petitioner to apply for the above noted post in future, if he is otherwise eligible for the said post.

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5. This Writ Petition is, accordingly, disposed of. No order as to costs.

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(Dr. S.K. Panigrahi) Judge

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Ayaskanta

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 08-May-2024 17:52:21

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Page 4 of 4

Manoj Tarai v. Chairman,Paradip Port Trust

Case brief

What is this about?

What did the court decide?

Manoj Tarai v. Chairman,Paradip Port Trust

Case brief

What is this about?

What did the court decide?

What the court decided

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