GANGADHAR SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ petition the petitioner has challenged the legality, propriety and validity of the order passed by opp. party No. 2 dated 4th July, 1998 by which he found the appointment of opp. party No. 4 in the post of Clerk -cum -Typist as valid. Further he observed that the claim of the writ petitioner for the post of Clerk -cum -Typist is neither sustainable nor valid in eye of law.

(2.) THE petitioner was undisputedly appointed as a Clerk in Nabaghan College, Karanjadia within Bhadrak district with effect from 8.7.1986. It has been, inter alia, claimed that by the time petitioner was appointed as a Clerk, the yardstick was justifying his appointment. The opp. party No. 4 was appointed as a Clerk -cum -Typist about one year after i.e. on 5.8.1987. It has been, inter alia, claimed by the petitioner that the opp. party No. 4 has never worked nor discharged his duties either as a Clerk or Typist in the College. The College in question has in the mean time received grant -in -aid with effect from 1.6.1994 and the order of the Government was published in Official Gazette with effect from 6.12.1994 whereby and where under the College was declared to be entitled to receive grant -in - aid. it was stipulated therein that the staffing pattern of a junior College has been changed to one post of a Junior Clerk - cum -Typist.

(3.) IT has further transpired from the stand taken by petitioner that as per the Higher Secondary Regulation 1992 the appointment of petitioner was valid as it is indicated in Appendix - 1 that the ministerial staff would consist of :