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Judgment
The challenge in the present writ appeal is to an order dated 28th October, 2022 passed by the learned Single Judge dismissing WPC(OAC) No.1204 of 2015 filed by the present Appellant.
The prayer in the said writ petition was for a direction to the Respondents to appoint the Appellant, who is working as Home Guard, as Excise Constable following the reservation policy of 10% for Home Guards.
In support of the above plea, the Appellant had placed reliance on a letter dated 18th January, 2002 of the Government of Odisha conveying the decision of the Government to earmark 10% of the vacancies in the rank of Excise Constable for eligible Home Guards.
However, as stated in the counter affidavit filed in the writ petition in 2011, the Orissa Lower Excise Service (Method of Recruitment and Condition of Service) Rules, 2011 were issued and came into force on 8th June, 2011. These rules did not provide for reservations for Home Guards in the post of Excise Constable.
With the writ petition having been filed in 2015, the earlier instruction of 18th January, 2002 was no longer applicable as it had been replaced by the 2011 Rules.
In these circumstances, the impugned order of the learned Single Judge declining the relief prayed for in the above writ petition cannot be faulted.
Since no grounds have been made out for interference, the writ appeal is dismissed.
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