STATE OF ORISSA Vs. KHAGESWAR DAS

JUDGEMENT

(1.) The State of Orissa has preferred this appeal by special leave from the judgment and order of the High Court passed in a Writ Petition filed by respondent No. 1:Respondent No. 2 was appointed by promotion to the post of Join Director of Industries, Government of Orissa in supersession of the claim of respondent No. 1. The High Court has quashed the said order and directed the appellant to consider the case of respondent No. 1 for promotion to the post of Joint Director according to his seniority in the combined cadre formed by Resolution dated 2-10-1967. Rule 3 (1) (ii) of the Orissa Industries Service Rules. 1971 has been struck down as being violative of Article 16 of the Constitution of India.

(2.) Respondent No. 1 was appointed as a lecturer in Mining in the Orissa School of Mining Engineering. Keonjhargarh on 6-2-1960. The said School was brought under the administrative control of the Industries Department of the Government of Orissa in pursuance of a Resolution dated 18-2-1960. The service of respondent No. 1 thereupon stood transferred under the administrative control of the Industries Department with effect from 21-3-1960, The post of the lecturer in the Mining Engineering School was upgraded by order of the State Government made in August, 1960. The petitioner was brought into the common cadre of the Industries Department of Government of Orissa and while he was so continuing, he was appointed as Principal of the Mining Engineering School. The provisional appointment made was regularized by the Industries Department by a notification dated 19-12-1962, a copy of which was Annexure D/2 to the writ application. This notification clearly shows that at that time respondent No. 1 was treated as an officer of the Industries Department.

(3.) Then came a Resolution of the Government dated 21-4-1964. The common cadre of the Industries Department was bifurcated into two. A separate cadre was created for teaching posts of Engineering Schools in Orissa including the Mining Engineering School. Respondent No. 1 exercised his option to remain in the teaching cadre of the Industries Department.