SAPAN KUMAR BANERJEE Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ application, petitioner -Sapan Kumar Banerjee has sought to challenge the order dated 26.11.2009 passed in O.A. No.1249(C) of 2008 (Annexure -10), whereby, the learned Member (Administration), Orissa Administrative Tribunal, Cuttack Bench, Cuttack was pleased to dismiss his application, upholding the Office Order No.4738/Estt. dated 18.12.2007 (Annexure -9) on a finding that the same was in due compliance of the directions issued earlier by aDivision Bench of the Orissa Administrative Tribunal in O.A. No.82 of 1986 vide judgment dated 02.09.1991 and other connected orders.

(2.) SHORN of unnecessary detail, it would suffice to note herein that the petitioner, while working as Junior Clerk in the Office of the Collector, Cuttack, tendered his resignation from service on 25.01.1977 and prior to any action being taken on the said resignation, he withdrew his resignation on 10.01.1978. The petitioner also submitted his joining report at Kanika Tahasil but was allegedly not allowed to join in spite of numerous representations to the Collector, Cuttack and on 05.02.1986, the Establishment Officer of Cuttack Collectorate directed the petitioner to produce his service book for consideration of his representation. The petitioner further alleged that in spite of production of the required documents, the petitioner was not allowed to join. Hence, the petitioner was compelled to file O.A. No.82 of 1986 before the Orissa Administrative Tribunal. The said O.A. came to be heard by a Division Bench of the Administrative Tribunal consisting of the Chairman and Member (Judicial) and the said O.A. came to be disposed of by judgment dated 02.09.1991 with the following directions.

(3.) PURSUANT to the aforesaid directions of the Tribunal, by order of the Collector, Cuttack dated 24.02.1992 under Annexure -3, the petitioner was directed to join as Junior Clerk in the office of the Tahasildar, Rajnagar and the petitioner continuously served as a Lower Division Clerk till the date of his retirement i.e. on 30.04.2005 without any promotion or any pay fixation/revision.