JAYANTA KUMAR MAITRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) A . S. NAIDU, J.: -The petitioner, who is working as a junior Engineer in Puri Municipality, is an employer under the Local Fund Services. The only grievance of the petitioner is that while regularizing his services, the authorities have not taken into consideration the period from 1 -1 -1993 i.e. date of initial appointment as Junior Engineer till the date of his regularisation i.e. 13 -8 -1998 in the said post.

(2.) ADMITTEDLY , the petitioner who is a graduate Engineer, was initially appointed as work Supervisor on daily wage basis. While the matter stood thus, in the year 1993, a post of Junior Engineer in the said Municipality falls vacant. Taking into consideration the eligibility, suitability and competency of the petitioner, the Municipal Council appointed him in the post of Junior Engineer on temporary basis with effect from 1 -1 -1993 in the prescribed scale (Annexure -1). This appointment was made in consonance with the resolution of the Council in their meeting held on 30 -12 1992. Copies of the resolution and the appointment order were immediately sent by the Municipality to the Government of Orissa, Housing and Urban Development Department with a request to regularise the same. The Government in their letter dated 16 -7 -1996(annexure -3) initiated the Executive Officer, Puri Municipality that the post of Junior Engineer comes under the Local Fund Service cadre and appointment to the said post is to be done as per the provisions under Local Funds Service Rules 1975, through a process of recruitment to be conducted by the Selection Board constituted under Rule -7 of the OLFS Rules. I was further observed that the petitioner had to continue purely on temporary and ad hoc basis if the council was agreeable and such ad hoc appointment was to be as a stopgap arrangement. In consonance with the aforesaid order, the petitioner continued on temporary/ad hoc basis at Puri Municipality. In the year 1998, the recruitment test was conducted by the Selection Board constituted under Rule -7 of the OLFS Rules. The petitioner appeared at the recruitment and stood first. In consonance with the recommendation of the Selection Board Constituted under Rule -7 of the OLFS Rules. The petitioner appeared at the recruitment and stood first. In consonance with the recommendation of the Selection Board, the Government by Order dated 13 -8 -1998 (annexure -4) was pleased to regularise provisionally the services of the petitioner and others who were working in different Municipalities. But then, it was directed that the order of regularization would take effect from the date of issue of the order i.e. 13 -8 -1998. The simple grievance of the petitioner is that his past service from1 -1 -1993 should have been taken into consideration and his services should be regularised from 1 -1 -1993.

(3.) WE heard Mr. Dash, learned counsel for the petitioner, Mr. Swain, learned counsel and Mr. Pradipta Mohanty, learned counsel for Puri Municipality at length.