DURGA CHARAN DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution against the order of the Government of Orissa in the Home Department No. 21446/p/ SSS/7/62 dated the 4th September 1962 (annexure 6 to the writ petition) rejecting his prayer for confirmation as a Registrar in the Orissa Secretariat with effect from the earlier date, for (he purpose of fixation of his pension.

(2.) THE admitted material facts are as follows: the petitioner joined as an assistant in the Old Bihar and Orissa secretariat, prior to the formation of the Province of Orissa and when that Province was formed with effect from the 1st April 1936, he was transferred to the Orissa Secretariat, Home Department. Thereafter he was in due course promoted to higher posts such as Junior Head assistant, and Senior Head Assistant. On 24th April 1954 while holding the post of Senior Head Assistant he was promoted temporarily as Registrar in the Supply Department of the Orissa secretariat. On 22nd December 1954 he was reverted to his parent post as Head assistant in the Home Department, and after taking leave he re-joined that post sometime in 1955. Again he was promoted to officiate as Registrar in the Supply department on 3-2-56. In June 1957 he was promoted to officiate as Assistant secretary in the same Department and ultimately he was confirmed as Registrar in the Orissa Secretariat on the 14th October 1958. He eventually retired from secretariat service on the 17th October 1959. When the question of fixing the amount of his pension was taken up for consideration the relevant date was obviously the date on which he was confirmed as Registrar, because he held the post of Assistant Secretary only on an officiate basis. Government therefore fixed his pension at Rs. 190. 00 per month as he was confirmed as Registrar only with effect from the 14th October 1958 a year and a few days before the actual date of his retirement. Thereupon the petitioner represented to Government that he should be deemed to have been confirmed as registrar either from the 24th April. 1954 (the date on which he was first promoted as Registrar in the Supply Department), or, at any rate, from the 23rd august 1956 when one Sri J. N. Dutta, who was junior to the petitioner in the cadre of the old Bihar and Orissa Secretariat, was confirmed as Registrar in Bihar. Government, however, rejected this prayer, and hence he has sought relief from this Court, under Article 226 of the Constitution.

(3.) WHEN the Province of Orissa was formed on the 1st April, 1936, the then governor General in Council made certain Rules for the protection of officers of the old Bihar and Orissa Service who were permanently transferred to Orissa (hereinafter referred to as the Protection Rules (see Annexure 2 to the petition ). Rule 6 of the said Rules is as follows: