LexSTATE OF ORISSA & ORS. versus SRI JAGABANDHU PANDA
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A B [2013] 4 S.C.R. 1080 STATE OF ORISSA & ORS. v. SRI JAGABANDHU PANDA (Civil Appeal No. 1967 of 2013) FEBRUARY 27, 2013 [SURINDER SINGH NIJJAR AND M.Y. EQBAL, JJ.] Service Law: c Ex-cadre post - Created on the basis of a proposal under a Scheme - Appointment on - Plea of appointee to make it en-cadre - Held: The post was treated as ex-cadre from the very inception and it was well within the knowledge of the appointee - An appointment outside the cadre cannot be 0 considered to be made to temporary post borne on the cadre. The respondent joined the post of 'Ore Dressing Engineer, in the year 1984. Immediately after joining, he made several representations stating that he came to know that the post was ex-cadre, only after joining the E service and requested for upgrading the same and to open up promotional avenues. On rejection of the representations, he approached Administrative Tribunal. The Tribunal noticed that though the advertisement or appointment letter did not mention that the post was ex- F cadre, but the notings in the Secretariat files indicated that the respondent was holder of ex-cadre post. As regards the promotional prospects of the respondent, the Tribunal held that he should be treated at par with other Class-I Engineers of 1984 Batch. Writ Petition by the G State against the order of the Tribunal was dismissed on the ground that the post was described as an ex-cadre post only in the year 2005 in office-note. Hence the present appeals by the State. H 1080 STATE OF ORISSA & ORS. v. SRI JAGABANDHU 1081 PANDA Allowing the appeals, the Court HELD: 1. The finding arrived at by the High Court that A the post of Ore Engineer was for the first time treated as ex-cadre post in the year 2005, is absolutely perverse and erroneous. Immediately after joining the post of Ore- B dresser, in the year 1984, the respondent started filing representations. It was well within the knowledge of the respondent that the post which he was holding was an ex-cadre post and, therefore, by series of representations he requested the Department to upgrade the said post C and to open up the promotional avenues. [Para 22) [1095- C-E] 2. The post of Ore-dressing Engineer was created on the basis of proposal under a Scheme, and appointment was made outside the existing cadre of mining engineers. D It was so understood by the respondent that from the inception that he was holding an ex-cadre post, there had been a special reason for recruiting an Ore-dressing engineer for a specific purpose temporarily outside the cadre of mining engineer. A cadre may consist of E permanent as well as temporary post and there may be permanent vacancies in permanent as well as temporary post, but it does not follow that appointment made outside the very service and outside the cadre must be considered to be made to temporary post borne on the F cadre merely because, the post was likely to continue indefinitely. [Para 23) [1095-E-F, G-H; 1096-A-B] T.N. Administrative Service Officers Association and Anr. vs. Union of India and Ors. (2000) 5 sec 728 - relied on. Case Law Reference: c2000) 5 sec 128 relied on Para 24 CIVIL APPELLATE JURISDICTION : Civil Appeal No. G 1967 of 2013. H 1082 SUPREME COURT REPORTS [2013] 4 S.C.R. A From the Judgment & Order dated 08.10.2010 of the High B Court of Orissa at Cuttack in W.P. (C) No. 7963 of 2010. WITH C.A. Nos. 1968 of 2013. L. Nageswara Rao, Jana Kalyan Das, P.S. Patwalia, Shibashish Misra, Mayank Pandey, Swetaketu Mishra, Sandeep Devashish Das, D.M. Sharma, Parmanand Gaur, Saurabh Agrawal, Samir Ali Khan, Bhakti Vardhan Singh, S. Nayak, B.R. Barik, R.C. Kohli, Anupam Lal Das for the C appearing parties. The Judgment of the Court was delivered by M.Y. EQBAL, J. D C.A.No.1967 of 2013 arising out of SLP(Civil) No.20635/ 2011 1. Leave granted. 2. This appeal at the instance of State of Orissa is E directed against the judgment and order dated 08.10.2010, whereby the Division Bench of the Orissa High Court refused to interfere with the order passed by the Orissa Administrative Tribunal in O.A. No.97/2009. F 3. The facts of the case in brief are as under: 4. The respondent was appointed pursuant to the advertisement dated 5.4.1984 on the post of Ore Dressing Engineer in Class-1 Junior Grade of the State Services in the G pay scale of Rs.850-1450. The respondent in response to the appointment letter dated 2.11.1
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