Cuttack, Sept. 7: Orissa High Court has ruled that a decision approved by the chief minister cannot be said to be that of the state government unless it has the approval of the governor.

The court gave the ruling on the decision of the state government to include the posts of matron and assistant matron of Nari Bandi Niketan in the jail cadre, while endorsing a State Administrative Tribunal order that had quashed the decision.

The jail cadre included the posts of jailor and assistant jailor. The state home department came out with an order to merge the post of assistant matrons and matrons in the corresponding post of jail cadre on April 26, 2013.

Officials in the jail cadre had challenged the merger order. The tribunal quashed the order on November 3, 2016. The state government had challenged the order in high court.

The division bench of Justice Sanju Panda and Justice S.N. Prasad declined to interfere, observing that 'the tribunal has not committed any error in quashing the April 26, 2013 order'.

The state government contended that Nari Bandi Niketan, Sambalpur, has been declared as a jail by a home department notification on May 3, 1996. Hence, officers and staff members working in it can be termed as jail officers and in the jail cadre.

But, the bench rejected it, observing: 'It is very surprising that if that is so, then question is that why the government has come out with a letter dated 26.4.2013 by taking decision to merge the post of assistant matron and matron to the cadre of assistant jailor and jailor.'

'Issuance of this letter suggests that the post of assistant matron and matron have been treated to be separate cadre with that of the cadre of assistant jailor and jailor,' the bench said.

The bench further ruled: 'The decision has been approved by the chief minister of the state. But there is no approval of the governor of the state. Hence, it cannot be said to be the decision of the state government.'

'Before parting with the order, it is being observed that it is up to the state government to take decision in accordance with law for merger of the posts of assistant matron or/and matron to the cadre of assistant jailor or/and jailor,' the bench said in its August 21 order.

The high court also was of the view that the merger of the posts of matron and assistant matron and their inclusion in the gradation list and subsequently in seniority of the jail cadre would hamper the promotion prospects of the assistant jailors.