STATE OF ORISSA Vs. SAROJ KUMAR JENA

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 5.8.2005 of the High Court of Orissa at Cuttack in O.J.C. No. 11122/1999, by which the High Court has issued directions to the State Govt. to grant particular pay scales with reference to particular dates in the grade of Upper Division Clerk and Head Clerk, to the respondent.

(2.) Facts and circumstances giving rise to this appeal are that the Respondentstood appointed as a Lower Division Clerk (hereinafter called as LDC) by the governing body of Mahanga Puspagiri Mahavidyalaya, Irakana, Cuttack, on 18.8.1985. His appointment was duly approved by the Director of Higher Education (hereafter called Appellant No. 2), vide order dated 6.11.1990. The said Respondentwas promoted to the post of Upper Division Clerk (hereinafter called UDC) w.e.f. 3.3.1990 and thereafter to the post of Head Clerk w.e.f. 2.4.1992. In spite of the fact that his appointment and promotion had been duly approved by the Appellant No. 2, being the statutory authority, his pay was not fixed in the pay scales meant for the respective promotional post.

(3.) The Respondentmade a representation to fix his pay in the pay scales of the posts of UDC and Head Clerk. However, the said representation was rejected vide order dated 20.3.1999, in view of the fact that he did not possess the requisite qualifications i.e. he had not passed the accounts examination, as required under the Orissa Non-Government Aided College Ministerial Services (Method of Recruitment and Conditions of Service) Rules, 1999 (hereinafter called Rules 1999).