STATE OF ORISSA Vs. RUPNARAYAN SINGH

JUDGEMENT

(1.) The State of Orissa is the appellant against the confirming judgment of the District Judge, Mayurbhanj, The plaintiff-respondent filed the suit for a declaration that the order dated February 13, 1950 reverting the plaintiff from the substantive rank of a Deputy Ranger, to that of a Forester is illegal invalid and inoperative and that the plaintiff is entitled to the rank and pay of, a Deputy Ranger with effect from February 15, 1950, with a salary of Rs. 72/-per month with usual increments and that the defendant be directed to pay to the plaintiff a sum of Rs. 1460/- as his compensation. The plaintiff's case is that he was appointed Deputy Ranger substantively with effect from May 9, 1948 in the ex-State of Mayurbhanj. Mayurbhanj State merged in the State of Orissa on January 1, 1949. He continued in that post till February 13, 1950 when he was reverted.

(2.) The defence case is that consequent on the merger, the plaintiff's status as a Government servant was completely wiped out. He was allowed to continue as an officiating Deputy Ranger from Jan. 1, 1949 till February 15, 1950 under the Re-organisation and Retrenchment Scheme which came into, effect finally then.

(3.) Both the Courts below have concurrently found that the plaintiff occupied the post of a Deputy Ranger substantively till February 15, 1950 and the order of reversion was illegal. The finding of the Courts below that the plaintiff was a permanent Deputy Ranger in the Mayurbhanj State was not rightly assailed by the, learned Advocate General. He, however, contended that the plaintiff wag not appointed substantively with effect from January 1, 1949. The entries in Service Rook (Ext. H) do ultimately show that against the plaintiff's name the words "substantive appointment" were noted even after integration. The learned District Judge discussed this part of the case as follows: