In a major relief to the Government, the Orissa High Court on Friday dismissed a PIL challenging the appointment of 378 OAS officers in 2010. The division bench of Chief Justice V Gopalagowda and Justice BN Mohapatra contended that the PIL writ petition in service matter was not maintainable.
The bench observed that some cases relating to the same matter have already been filed before the State Administrative Tribunal (SAT) and are under adjudication. Referring to several judgments of the Apex court, the judges held that this being a service matter can not be entertained by High Court. It is open for the persons aggrieved to move the SAT challenging such appointment, they stated.
They also observed that the writ petition was also otherwise not maintainable as the petitioner had not complied with the requirement under Rule 8 of Orissa High Court PIL Rules, 2010.
As per the said rule, one is required to approach the competent authority with a representation for redressal of his grievances before approaching the court. In the present PIL, the petitioner Sharada Prasad Mohanty had also not filed any representation.
Mohanty had challenged appointment of OAS officers in Class I post.
The petitioner who is an Advocate had sought for direction to quash the appointment of 378 OAS officers as the same had been made in violation of the service rules and thereby causing huge loss of public money. The petitioner stated that the Government had submitted requisition to Odisha Public Service Commission (OPSC) to select candidates for appointment to the Class II posts.
The OPSC after due selection processes submitted a list of candidates in June 2010. Though the candidates were selected for appointment to Class II post with the scale of pay attached to it, the State Government appointed them in Class I post with much higher salary.