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Judgment
This matter is taken up through Hybrid Mode.
The applicant/Opposite Party has moved the aforesaid I.A. No.13693 of 2020 for vacation of the interim order dated 12th February, 2020, whereby the operation of the impugned order dated 28th March, 2019 passed by the learned Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.260/4/2012 has been stayed.
Learned counsel for the applicant/Opposite Party by referring to the advertisement dated 30th July, 2010-Annexure-5 with the O.A. (available at page 55 of the paper book) has demonstrated that nine posts of Safaiwalla (Sweeper) were advertised for filling up on regular basis by the office of Principal Accountant General (Civil Audit) Odisha, Bhubaneswar without considering the right of compassionate appointment of the applicant in terms of the order dated 25th January, 1999 passed by the learned Tribunal, which attained finality and accepted by the Department. He further submits that it is on the aforesaid basis only that subsequently the Tribunal vide order dated 28th March, 2019, (impugned herein) has held that the applicant is entitled for appointment against one post of Safaiwalla (Sweeper).
On the contrary, the stand of the petitioners is that after the order passed by the Tribunal on 25th January, 1999 no person has been appointed as Safaiwalla (Sweeper) on regular basis. To the aforesaid nine posts advertised, it is submitted that the said posts were never filled up in view of the policy to engage Safaiwallas through outsourcing. Thus the applicant/Opposite Party has no right for appointment as Safaiwalla (Sweeper) on compassionate basis in the regular establishment.
Before we proceed to examine the issue, let the Principal Accountant General (Civil Audit), Odisha, Bhubaneswar file an affidavit as to whether any post of Safaiwalla (Sweeper) was ever filled up on regular basis or anyone appointed in regular establishment after the order dated 25th January, 1999 passed by the learned Tribunal, which has attained finality.
Learned counsel for the petitioners prays for four weeks time to do the needful.
List on 11.08.2022 for further consideration..
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