BANCHHANIDHI DAS Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THE Petitioner was appointed temporarily as a tax clerk by the Notified Area Council, Bhubneswar. Subsequently at a regular selection he was accepted and continued in service. The resignation of the post which the Petitioner held was changed to law and accounts clerk. With effect from 30 -9 -1952, after the promulgation of the Orissa Municipal Act of 1950, the Notified Area Council of Bhubaneswar came to be governed by that Act. By a resolution of the Notified Area Council on 19 -6 -1954 the Petitioner was confirmed in the post of law and accounts clerk. With effect from 23 -6 -1954 the Municipal Rules framed under the Orissa Municipal Act came into force. Under Rule 427 of those Rules the minimum educational qualification required for the post of a lower division clerk was prescribed to be as being a matriculate. Though the Petitioner was not a matriculate his service was not disturbed, according to the Petitioner, because (1) the Rules had no retrospective operation, (2) the Petitioner had been confirmed already, and (3) he had been putting in satisfactory work. The Notified Area Council decided to request the Government to waive the requirement of educational qualification so far as the Petitioner is concerned being under the impression that to the Petitioner the prescription applied, and on 19 -7 -1955 the Local Self Government Department of the State Government exempted the requirement. On 21 -7 -1961 the Petitioner came to be promoted as an upper division clerk. On 3 -4 -1967, Government passed orders exempting the Petitioner for passing the preliminary accounts test which was another qualification for the promoted post. On 14 -7 -1969, the Petitioner was allowed to cross the efficiency bar in the higher scale. The Petitioner worked as accounts head -clerk and tax daroga and came to receive higher scales of pay. On 3 -10 -1969, while the Revenue Divisional Commissioner was inspecting the office of the Notified Area Council he found certain defects in the work of the head -clerk (one Shri P.C. Nanda). Consequently the said Sri Nanda was reverted to the post of lower division clerk. In July, 1970 the representation of Sri N and a against his reversion was rejected by the Notified Area Council. On 27 -10 -1970, however, while the Petitioner was continuing in the promoted post, Government withdrew the previous orders exempting the Petitioner from being a matriculate and passing the accounts test with a view to treating the said Shri Nanda equally with the Petitioner. On 7 -4 -1971, the Petitioner was communicated the order of the Chairman of the Notified Area Council that with effect from 15 -5 -1971 the Petitioner would be reverted to the post of tax clerk in view of the withdrawal of the exemptions. The representations of the Petitioner to the Director of Municipal Administration and the State Government were later rejected but with effect from 15 -9 -1971, without waiting for the result of the representations, the Petitioner was reverted to the post of tax clerk. It is against this order of reversion that the Petitioner has come before this Court asking for a quashing of the order which is said to be consequent upon the Government direction withdrawing the exemptions.

(2.) TWO separate affidavits have been filed -one by the State (opposite party No. 1) and the other by the Chairman, Notified Area Council (Opp. party No. 2).

(3.) MR . Rath for the Petitioner raises three contentions in the main.