LINGARAJ TRIPATHY Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) CHALLENGE in this writ application is to an order dated 20 -2 -1978 (Annexure -2) passed by the Director of Public Instruction. Orissa reverting the Petitioner from the post of Principal, B.B. Sanskrit College, Bolangir to his former post of Assistant Superintendent of Sanskrit Studies, Orissa.

(2.) ON 6 -10 -1967, the Petitioner was appointed as an Assistant Superintendent of Sanskrit Studies in the scale of pay of Rs. 185 -325/ - which was subsequently revised to Rs. 230 -540/ -. On 13 -2 -1974, he was appointed as Principal. B.B. Sanskrit College, Bolangir in Class II (Junior) of the Orissa Education Service on ad hoc basis for Six months. The ad hoc appointment was extended from time to time thereafter. On 13 -12 -1974 the State Government made a reference to the Public Service Commission submitting the names of the Petitioner. O.P. No. 3 and some others for recommendation for regular appointment to the post. The Public Service Commission recommended the Petitioner in the first position. By the impugned order dated 20 -2 -1978 (Annexure -2) passed by the D.P. 1, the Petitioner was reverted to his former post of Assistant Superintendent of Sanskrit Studies and O.P. No. 3. Shri B.M. Padhi was appointed as the Principal on ad hoc basis pending regular appointment to the post on the recommendation of the Commission.

(3.) THE stand taken by the opposite parties Nos. 1 and 2 is that the appointment of the Petitioner to the post of Principal having been made on ad hoc basis he had no right to the said post and hence he has no locus standi to file this writ application. The Petitioner's contention that opposite party No. 3 is junior to him has been denied and it is contended that on the representation of opposite party No. 3, the Director of Public Instruction had passed orders making him senior to the Petitioner. To meet the Petitioner's contention that the D.P.L was not competent to pass the order of reversion, it is contended that on 18 -3 -1978 the State Government had passed an order that the post of Principal, B.B. Sanskrit College. Bolangir should be filled up by posting a lecturer in Sanskrit in Class II of Orissa Education Service in the College wing and had also directed that the Petitioner who was then acting as Principal on ad hoc basis might be posted against a post for which he was eligible. It is accordingly urged that the reversion of the Petitioner from the post of Principal to his former post of Assistant Superintendent of Sanskrit Studies was neither illegal nor unconstitutional.