KISHORE CHANDRA PANIGRAHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave is directed against the order of the orissa Administrative tribunal dated 19-4-1990, passed in OA No. 134 of 1986 as well as the order of the said tribunal dated 3/9/1990 passed by the said tribunal on an application for review.

(3.) The appellant had been appointed to the post of a peon in Class IV in the year 1976 in the Office of the Special Treasury, Berhampur. He was promoted to the post of junior clerk in the year 1982 which is a post in Class III. By order dated 18/10/1986 he was reverted to his substantive post of peon in Class IV. He, therefore, challenged the order of reversion before the orissa Administrative tribunal. The tribunal came to hold that the promotion of the appellant to the post of junior clerk was temporarily made without prejudice to the claim of seniority of others and the said promotion being contrary to the statutory rules and not having conferred any right on the appellant the order of reversion cannot be challenged and as such cannot be interfered with by the tribunal. The appellant, therefore, has approached this court in this appeal.