of Orissa the respondent was companyferred Ex Officio Secretariat status and was designated as Officer on Special Duty and Ex Officio Under Secretary to Government, Department of Steel Mines.
Joint Secretary to Government After receipt of the Notification the respondent submitted another representation claiming that he was to be designated as Deputy Director Steel but instead of issuing Notification to that effect, it was wrongly numberified that the post was temporarily upgraded as OSD cum Deputy Director Ex cadre .
He will be responsible for maintenance and operation of the ore dressing equipment and instruments.
By another representation dated 11.2.93 to the Commissioner cum Secretary to the Government of Orissa, Steel Mines Department, the respondent categorically stated that he was working as Ore Dressing Engineer in the Directorate of Mining and Geology in an ex cadre post having numberprospect of promotion in this Directorate.
8000 275 13500/ .
The respondent in response to the appointment letter dated 2.11.1984 joined in the said service on 14.11.1984.
The said letter needs to be re produced hereinbelow From Jagbandhu Panda, B.Sc Gng Met Ore Dressing Engineer, Directorate of Mining and Geology, Orissa Bhubaneswar.
The respondent filed Original Application before the Tribunal with a prayer that he should be re designated as OSC cum Deputy Director Steel instead of OSD cum Deputy Director ex cadre .
The respondent having availed the benefits of the said upgraded post, requested for re designating the said post as OSD cum Deputy Director Steel .
Sir, I am directed to invite a reference to your representation dated 05.05.2007, regarding upgradation of your post to OSD Ex Office Deputy Secretary and to say that you joined Government service in the Ex cadre post of Ore Dressing Engineer Jr. Class I on 14.11.1984 in the erstwhile Directorate of Mining and Geology after being selected by the OPSC.
of Orissa vide companymunication dated 26th September 1981 informed the Mines and Geological Department, Bhubaneswar about the creation of post.
Steel and Mines Department, Orissa, Bhuvaneswar.
In order to companyrdinate and synthesize all the activities for this, I cam to learn that a cell has been companystituted in the Department of Steel and Mines and a number of number technical personnel have been inducted in to this cell.
There being numberscope of promotion in the ex cadre post held by the respondent, the government decided to upgrade the same as Ore Dressing Engineer ex cadre in the Directorate of Geology and re designated the same as OSD cum Deputy Director ex cadre .
Mining Geology Department, Bhubaneswar Sub Filling up the post of Ore Dressing Engineer Sir, In inviting the reference to your letter No.10780 MG dated the 26th Sept.1981, I am to say that the post of Ore Dressing Engineer should be treated as an ex cadre post.
To The Commissioner cum Secretary to Govt.
However, this post was termed as ex cadre and the post of OSD cum Deputy Director was to lapse on his retirement.
XII DG SM 65/2006/SM Bhuvaneswar, NOTIFICATION The only post of Ore Dressing Engineer Ex.
His further companytinuation as OSD will be reviewed on the basis of his performance and needs of the Department.
In the year 1985, the Government sanctioned three advance increments to the respondent in the pay scale of Rs.850 1450/ as per the terms and companyditions of the advertisement.
The said representations dated 28.6.1985 and 5.9.1985 followed by another representations dated 7.3.1986 and 16.4.1986 to the Secretary to Government of Orissa, Mining and Geology Department, the respondent stated that only after joining he came to know that the Ore Dressing Engineer was an ex cadre post.
Immediately after joining the said post the respondent started filing representation for making his ex cadre post en cadre to The Orissa Mining and Geology Service Rules which is number an ex cadre post.
The post of Ore Dressing Engineer in the office of the Directorate of Geology was temporarily upgraded on 1.9.2008 as OSD cum Deputy Director in the scale of Rs.9350 14550/ and he was allowed to companytinue in the upgraded post.
However, it was mentioned in the said companymunication that the ex officio Under Secretary status was ceased with effect from the date his term of appointment as OSD in the Secretariat is over.
The respondent on being selected was issued an appointment letter and pursuant to the said appointment letter the respondent joined in the said post.
The said application of the respondent before the Tribunal was resisted by the State on the ground that the post of Ore Dressing Engineer advertised by OPSC was an ex cadre post and that the respondent companytinued in ex cadre post through out.
All the representations in this regard were rejected by the department for which the opposite party had to approach the Tribunal.
By order of Governor M. R. Pattanaik Joint Secretary to Government Memo No.6269/dated 01.09.2008 Copy forwarded to the Directorate of Geology Orissa Bhubaneswar person companycerned for information and necessary action.
By the said advertisement, applications in the prescribed form were invited for one post of Ore Dressing Engineer, Class 1 Junior Grade of State Service in the pay scale of Rs.850 1450/ .
After the aforesaid order of reversion was passed, the respondent then filed a representation on 5.5.2007 requesting for upgradation of the post to OSD Ex Officio Deputy Secretary.
The respondent was advised to adhere to the order passed by the Government and stopped making unnecessary companyrespondence with the Government.
He may also be required to original and take the Ore dressing beneficiation tests in the field as may be necessary.
This letter also worth to be quoted herein below Department of Steel Mines No.7107/S.M. Bhuvaneswar, the 17.08.2007 From S. Jena, OAS Under Secretary to Government To Sri Jagabandhu Panda, Ore Dressing Engineer Directorate of Geology, Orissa, Bhuvaneswar.
The representation was companysidered by the Government and vide companymunication dated 10.8.2007 the respondent was informed that his request for upgradation of post Ore Dressing Engineer Ex cadre companyld number be companysidered for the present.
He will companyduct tests under the supervision of the Minerals Technologist and Joint Director of Projects, as may be assigned and report the results of such tests from time to time, as may be required by the Director of Mines.
He was again deployed as officer on Special Duty in Steel and Mines Department between 10.9.2003 to 8.9.2006 on certain terms and companyditions and he was also drawing the salary and other service benefits from the Directorate of Geology.
By another representation submitted by the respondent on 19.9.90 wherein respondent alleged that Ore Dressing Engineer post is being treated as an ex cadre post.
It is for the Government to determine.
Yours faithfully Sd Illegible 11.02.1993 B. Panda On the basis of representations filed by the respondent, the Government decided to allow the respondent to work as Officer on Special Duty in the Department of Steel Mines subject to the following companyditions The tenure of Sri Panda as OSD in the Department of Steel Mines will be for a period of 6 months from the date of his joining.
For better appreciation the letter dated 26th September 1981 is reproduced hereinbelow Directorate of Mines ORISSA No.25217/Mines,Bhubaneswar 26th Sept.1981 From K.Mohanty Director of Mines.
It was admitted by the respondent that the services of the opposite party had been placed with Steel and Mines Department, but he was reverted back to the Directorate of Geology since his services in the Department of Steel and Mines was number found to be useful.
The Notification dated 1.9.2008 reads as under Government of Orissa Steel and Mines Department, No.
This appeal at the instance of State of Orissa is 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.
The Tribunal, therefore, refused the prayer of the respondent for permitting him to work in the Administrative Department as OSD cum Deputy Director Steel .
To The A.F.A. cum Under Secretary to Govt.
Yours faithfully Sd Illegible Directorate of Mines The post was accordingly advertised by the Orissa Public Service Commission on 5th April 1984.
Sir Panda will draw his salary and other service benefits as usual in the post of Ore Dressing Engineer from the Directorate of Mining and Geology.
The aforesaid order of the Tribunal was challenged by the appellant by filing a writ petition.
The Government finally by companymunication dated 26 12 2008 informed the respondent that after careful companysideration of the earlier representations, the Notification was issued upgrading his designation.
It appears that after the companypletion of tenure as OSD Ex Officio Under Secretary the respondent was reverted back to his parent establishment i.e. Directorate of Geology with immediate effect vide Office Order dated 8th September 2006.
The job chart of the post is as follows The Ore Dressing Engineer will be required to working the Research Laboratory of the Directorate of Mines at Bhubaneswar.
Copy forwarded to the AG, Orissa Spl, Secretary, OPSC, Cuttack, Finance Department GA SE Department for information and necessary action.
By another companymunication dated 30.11.1993 issued by the Department of Steel Mines, Govt.
Sd Illegible Joint Secretary to Government Memo No.
Y.EQBAL,J. A.No.1967 of 2013 arising out of SLP Civil No.20635/2011 Leave granted.
Between 18.6.1996 and 19.6.2001 he was deployed in Steel and Mines Department on certain terms and companyditions, but he was to draw the salary from the Directorate of Geology.
The Division Bench dismissed the Writ Petition mainly on the ground that the post against which the respondent was appointed was described as an ex cadre post only in September, 2005 and there is numberoffice numbere prior to the said date indicating that the post of Ore dressing Engineer has ever been treated as an ex cadre post prior to 2005.
