HRUSHIKESH MOHAPATRA Vs. STATE OF ORISSA AND ANR.

JUDGEMENT

(1.) THIS is an application under Article 226 and 227 of the Constitution for quashing the order superannuating the Petitioner from service on 2 -9 -1970 and for a writ of mandamus to treat the Petitioner to be in service unaffected by the order of superannuation.

(2.) THE Petitioner alleges that he was born on 3rd of September, 1915 and on 4 -10 -1935, he was appointed as a permanent Librarian in ministerial cadre in the service of the ex -State of Keonjhar. With effect from 13th of September, 1934, the Bihar and Orissa Service Code was extended to the employees of the ex -State of Keonjhar by an order of the Ruling Chief and with effect from 1st of April, 1942, the Orissa Service Code was made applicable to such employees by an order of the ex -Ruling Chief published in the Keonjhar State Gazette on 7th of March, 1942. Upon merger of the State of Keonjhar with the Province of Orissa with effect from 1 -1 -1948, the Petitioner 's service was taken over by the Provincial Government and with effect from 1 -1 -1948 the Petitioner was confirmed as U.D. Assistant. The Petitioner was entitled to be in service until 2 -9 -1975 when he is due to attain the age of sixty subject to continuing to be suitable and efficient. While the Petitioner was serving as Superintendent in the Mayurbhanj Collectorate on permanent basis, he was however retired with effect from 3 -9 -1970 on the basis of the order dated 2 -9 -1970 issued by Government holding that the Petitioner was to superannuate.

(3.) WE would accordingly allow the writ application, quash the order of superannuation and hold that the Petitioner must be deemed to be continuing in service unaffected by the impugned order unless the appropriate authority requires him to retire in accordance with law before he attains the 60th year. The writ petition is allowed, but without costs.