RAJENDRA PRASAD SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner, a ministerial employee of an Aided Educational Institution, assails the order dated December 22, 1998, passed by the Government of Orissa, Department of Higher Education (Annexure 7) refusing to accord approval to the petitioner's promotion to the post of Upper Division Clerk and Head Clerk with effect from June 1, 1980 and June 1, 1986 respectively, only on the ground that he has not passed Accounts Examination.

(2.) SHORN of all unnecessary details, the facts of the case are as follows : Subhadra Mahatab Mahavidyalaya, situated at Asureswar in the District of Cuttack, is an aided educational institution as defined under the Orissa Education Act and the Rules framed thereunder. The said institution came into the grant in aid fold with effect from June 1, 1986. After facing rigorous recruitment test, the petitioner was appointed as a Lower Division Clerk in the aforesaid institution on December 4, 1979. The Governing Body of the College promoted the petitioner to the post of Upper Division Clerk with effect from June 1, 1980 and, thereafter, the petition was promoted to the post of Head Clerk with effect from June 1, 1986. The recommendation sent by the Governing Body of the college to accord approval of the petitioner's promotion to the post of Upper Division Clerk and Head Clerk remained pending with the authorities for a considerable time. Being aggrieved by the inaction of the authorities, the petitioner approached this Court in OJC No. 7848 of 1996. The specific case of the petitioner was that the authorities have accorded approval to the promotion of persons similarly placed as the petitioner and working in other educational institutions whereas the case of the petitioner was discriminated, thus, there was gross violation of the principles enshrined under Articles 14 and 16 of the Constitution of India. This Court disposed of the writ application on May 7, 1998 with a direction to the Director, Higher Education to consider the proposal submitted by the Governing Body and to take a decision within three months from the date of communication of that order. The State Government by its order dated December 22, 1998 declined to accord approval to the petitioner's promotion vide Annexure 7, and the said order, as stated earlier, is impugned in this writ application.

(3.) IN the counter affidavit, it has been specifically stated that the Government of Orissa, Department of Higher Education by its letters dt. March 4, 1999, June 14, 1999 and August 31, 1999 envisages that proposal for promotion of ministerial staff of different colleges for the purpose of grant in aid cannot be considered in future unless they satisfy the requirement stipulated in the O.M.S. Rules, 1963 and the guidelines stipulated in letter dated August 31, 1999 issued by the Government of Orissa, Department of Higher Education relating to promotion of ministerial cadre of employees of Non Government aided colleges. Last but not the least, it has been emphatically stated that any incumbent holding the post of either Junior Clerk/ LDC or Senior Clerk/UDC in the event of his/her passing preliminary/ final accounts examination will be only eligible to hold the promotional post from the date of publication of the result of the said Examination. All the circulars referred in the counter have been annexed as Annexures A/2, B/2, C/2 and D/2 respectively.