ORDER JUSTICE N. PRUSTY The applicants in both O.As., who are working as Foresters on contractual basis under the administrative control of the D.F.O., Rourkela K.L. Division, have filed these O.As. with the prayer to quash the advertisement dated 24.8.2011 (Annexure-11), whereby applications were invited from the eligible candidates for recruitment to 425 posts of Foresters in the scale of pay of Rs.5200-20200/- with grade pay Rs. 200/- per month and for a direction to the respondents more particularly the respondent No.4 to absorb the applicants in the vacant posts of Foresters under S.T.category as regular Foresters from the date of joining as per the advertisement published in Annexure-1 and to treat the applicants senior to the Foresters, if any, appointed after the joining of the applicants. Heard Mr. R.N.Nayak, learned counsel for the applicants and Mr. R.K.Dash, learned Government-Advocate. Mr. Nayak learned counsel for the applicants submitted that in response to advertisement dated 2.9.2006 for special recruitment drive for Foresters (S.T.) in the scale of pay of Rs. 3200-85-4900/- (Annexure-1) the applicants submitted applications for engagement as Foresters. They appeared in the written test, physical test, physical standard test and viva voce. 'On the basis of the select list prepared by the Selection Board vide Memo No. 1668 dtd. 9.6.2008 (Annexure-5) the applicants were asked to appear before the D.F.O., Rourkela/Respondent No.4 on 11.6.2008 for undergoing training in Forester Training School. After successful completion of the Forester's training from the Nicholson Forest School, vide order dated 16.6.2009 the applicants were appointed temporarily to officiate as Foresters on contractual basis from the date of joining with consolidated remuneration of Rs.4,000/- (Annexure-7). On receipt of the appointment order (Annexure-6) the applicants joined as the Forester on 16.6.2009 even though they had appeared in the recruitment test for the regular posts of Forester. The applicants filed representations to the Principal Chief Conservator of Forests, Kendu Leaf Orissa indicating their grievances regarding their appointment as a Forester on contractual basis even though they had appeared the recruitment tests for the regular posts of Forester. In the meantime another advertisement has been published by the Principal C.C.F. Orissa (Respondent No.2) for recruitment of Foresters on regular basis (Annexure-11). In the meantime another advertisement has been published by the Principal C.C.F. Orissa (Respondent No.2) for recruitment of Foresters on regular basis (Annexure-11). Learned counsel further submitted that the applicants had applied for the regular recruitment to the post of Forester (S.T.) in response to the advertisement (Annexure-1) and successfully qualified in the said recruitment tests for the regular post of Forester under S.T.category as a Special Recruitment Drive, as per the Orissa Subordinate Forest Service (Method of Recruitment and Conditions of Service of Foresters) Rules, 1998. But the Respondent No.4 arbitrarily treated the same as the selection for contractual appointment. Since advertisement has been published for regular recruitment to the vacant post of Foresters, the applicants are entitled to be absorbed first, in the regular establishment, prior to any fresh appointment is made. Mr. R. K. Dash, learned Government-Advocate on the basis of averments made in the counter, submitted that as per letter No. 13110/SSF Dt. 4.3.2006 of ST and SC Development Department communicated vide letter No. 4862/F & E dated 22.3.2006 and Memo No. 1742 Dt. 25.3.2006 of the P.C.C.F., K.L. Orissa (Annexure-A) an advertisement was made by the D.F.O., Rourkela KL Division for recruitment of two Foresters (ST) in the scale of pay of Rs. 3200-85-4900/- as Special Recruitment Drive to fill up of back log vacancies of STs (Annexure-B). The recruitment test was conducted as per the provisions of the Odisha Subordinate Forest Service (Method of Recruitment and Conditions of Service of Foresters) Rules, 1998. Two candidates were selected in order of merit by the Selection Board on 16.1.2007 (Annexure-C). Thereafter the ST and SC Development Department had been requested vide letter dated 21.8.2007 (Annexure-D) to issue clearance whether these back log vacancies will be filled now immediately, by giving appointment on regular scale of pay, but no clear clarification was received in the matter from S.T. and SC Development Department vide their letter No. 38898 Dt. 11.10.2007 (Annexure-E). Basing on the guidelines issued by the Finance Department vide letter No.38737(45)/F,. Dt.13.9.2006 (Annexure-F) and letter No. 55764(45)/F Dt. 31.12.2004 (Annexure-G) and letter No.10291/F & E Dt.21.6.2006 of Forest and Environment Department Govt. of Orissa (Annexure-H), a corrigendum was issued on 31.10.2007 (Annexure-I) and published on 31.10.2007.Anupam Bharat and Utkal Mail (Annexure-J) showing that the finally selected candidates would appointed on contractual basis at consolidated remuneration of Rs. Dt.13.9.2006 (Annexure-F) and letter No. 55764(45)/F Dt. 31.12.2004 (Annexure-G) and letter No.10291/F & E Dt.21.6.2006 of Forest and Environment Department Govt. of Orissa (Annexure-H), a corrigendum was issued on 31.10.2007 (Annexure-I) and published on 31.10.2007.Anupam Bharat and Utkal Mail (Annexure-J) showing that the finally selected candidates would appointed on contractual basis at consolidated remuneration of Rs. 4000/- per month instead of scale of pay of Rs. 3200-85-4000/- as published in daily news papers Utkal Mail and Anupam Bharat on 2.9.2006 after successful completion of the training. Accordingly the applicants were appointed on contractual basis. Mr. Nayak, learned counsel for the applicant filed rejoinder to counter filed by respondent No. 4 inter alia stating therein that the so called corrigendum was published on 3.11.2007 (Annexure-J) after long one year two months of the initial advertisement (Annexure-1 to the O.A.) and after ten months of publication of the selection list dated 16.1.2007 by the selection Board in which the names of the applicants were enlisted for appointment as a Forester on regular basis (Annexure-C to the counter). A corrigendum issued after such a long lapse of time cannot change the norm published in the original advertisement without notice to the applicant. Selection process was completed and final selection was made for the post of regular forester much before the so called corrigendum was published on 3.11.2007 beyond the knowledge of the applicant. In this regard Hon'ble High Court of Odisha have decided in the W.P. (C) No. 2780 of 2005 in case of Madhusmita Das and another v. State of Odisha decided on 9.9.2005 that the norm published in the original advertisement cannot be changed subsequently without notice to the candidate. In that view of the matter the terms and conditions mentioned in the initial advertisement dt.2.9.2006 as regards to regular post cannot be changed to contractual post by virtue of a corrigendum published after more than 1 year 2 months of the initial advertisement and completion of recruitment test and publication of Select List by the Selection Board. In that view of the matter the terms and conditions mentioned in the initial advertisement dt.2.9.2006 as regards to regular post cannot be changed to contractual post by virtue of a corrigendum published after more than 1 year 2 months of the initial advertisement and completion of recruitment test and publication of Select List by the Selection Board. Considering the submissions made by the learned counsel for both the parties, as it appears, in response to the advertisement dated 2.9.2006 (Annexure-1) inviting applications for engagement of Foresters against the regular vacant posts, belonging Scheduled Tribe category, in regular scale of pay, both the applicants had applied for the post and facing the selection test they came out successful as per the select list prepared by the Selection Board dated 16.1.2007 (Annexure-C to the counter). Since after preparation of the said select list, corrigendum was published on 3.11.2007 (Annexure-J to the counter) changing norm stipulated in the original advertisement (Annexure-I) to the effect that the two posts of Forester (Male) will be filled up on contractual basis on consolidated remuneration of Rs.4000/and accordingly the applicants were initially sent for undergoing Foresters training vide order dated 9.6.2008 (Annexure-5) and on successful completion of training they have been appointed as Foresters on contractual basis vide order dated 16.6.2009 (Annexure-7), we are of the considered view, the applicants are entitled for absorption in regular post of Foresters in regular scale of pay from the initial date of joining. However, since accepting contractual engagement, both the applicants have joined in the post, the respondent no.4 is directed to absorb the applicants in the regular vacant posts of Foresters meant for S.T.category prior to any appointment made, pursuant to the selection test as per advertisement dated 12.8.2011 with all consequential service benefits. The entire exercise be completed within three months from the date of communication of this order. Both the O.As. are accordingly disposed of. Send copies.