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2008 DIGILAW 667 (ORI)

Saira Mirza v. State of Orissa

2008-08-08

B.N.MAHAPATRA, I.M.QUDDUSI

body2008
ORDER W.P.(C) No.6500 & 8551 of 2008 8.8.2008 — Heard learned counsel for the petitioner and Mr. P.P. Panda, learned Additional Standing Counsel for the State. By means of this writ petition, the petitioner has prayed that the State Government be directed to appoint an Executive Officer for the State Haj Committee in terms of the order passed by this Court in W.P.(C) No.12797 of 2006 on 23.11.2006. The operative part of the order dated 23.11.2006 passed in W.P.(C) No.12797 of 2008 is quoted hereunder. “Considering the submission made, we direct the State Gov¬ernment to take necessary action in terms of Section 29 of the Haj Committee Act, 2002 and post a regular Executive Officer in the State Haj Committee within a period of one month from the date of communication of this order.” Section 29 of the Haj Act, 2002 is also reproduced under “29(1) The State Government shall appoint a person, from amongst its officers not below the rank of Deputy Secretary, to be Executive Officer of the State Committee. Provided that the person so appointed shall preferably be a Muslim. (2) The Executive Officer of the State Committee shall act as its Secretary; (3) the Executive Officer shall execute the decisions of the State Committee and perform such other functions as may be pre¬scribed; Provided that in case of any difference of opinion between the Executive Officer and the State Committee, he shall bring the matter to the notice of the State Government whose decision thereon shall be final. (4) The State Committee shall, with the previous sanction of the State Government employ such officer and other employees as it deems necessary to carry out the purpose of this Act. (5) The term of office and conditions of service of officers and other employees shall be such as may be prescribed.” Therefore, the contention of the learned counsel for the petitioner is that the officer to be posted as Executive Officer should not be below the rank of Deputy Secretary. Mr. (5) The term of office and conditions of service of officers and other employees shall be such as may be prescribed.” Therefore, the contention of the learned counsel for the petitioner is that the officer to be posted as Executive Officer should not be below the rank of Deputy Secretary. Mr. Panda, learned Additional Standing Counsel, has submit¬ted that the State Government tried their best to post an officer not below the rank of Deputy Secretary but as no muslim officer of such rank is available and since it has been provided in Section 29(1) that the officer may preferably be a muslim, the State Government, being of the opinion that only Muslim Officer be appointed, requested the GA Department to depute such an officer. However, the G.A. Department vide letter No.12251/Gen.2.5.2007 expressed their inability to give posting to such Officer because of non-availability of Muslim O.A.S. Officer in the rank of Deputy Secretary in their cadre. A perusal of the said letter of G.A. Department shows that at present no Muslim Officer of the rank of Deputy Secretary or above in O.A.S. cadre for deputation to State Haj Committee is available. In Counter affidavit it has been mentioned that due to paucity of Officer in the cadre of Deputy Secretary belonging to muslim community, the State Government could not give regular appointment to any officer to act as Executive Officer of State Haj Committee. In view of this, the order dated 23.11.2006 passed by this Court in W.P.(C) No.12797 of 2006 directing the State Government to take necessary action in terms of Section 29 of the Haj Committee Act, 2002 and post a regular Executive Officer in the State Haj Committee was not practically carried out in true spirit and during this intervening period, the Law Depart¬ment vide their office order dated 8.7.2008 issued posting order in favour of one Mulla Mohammed Ali, OAS-II Group B) as in charge Executive Officer, State Haj Committe, Orissa, Cuttack in addi¬tion to his own duties as Chief Executive Officer of Wakf Board and Survey Commissioner of Wakf until further orders or till regular appointment is made. Considering the facts and circumstances of the case, this Court is of the opinion that if the State Government declares the post of Executive Officer of the State Haj Committee equivalent to that of Deputy Secretary and any person even in O.A.S.-II (Group) B) is posted on deputation on that post it will serve the requirement of Sub-section 1 of Section 29 of the Haj Committee Act, 2002. However, it is always open for the State Government to revert the deputationist from the post of Executive Officer of Haj Committee. The writ petition is disposed of accordingly. Issue urgent certified copy. Free copy of this order shall be supplied to the learned Additional Standing Counsel for compliance. Petition disposed of.