RABINDRA NATH SETHY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner calls in question the Office Order in Annexure 1 posting him as a Laboratory Attendant and has prayed for quashing the same and directing the opposite parties not to interfere with his continuance as a Mechanic in the College.

(2.) THE petitioner's case in brief is that he was appointed as a Laboratory Attendant in the Physics Department of Kendrapara College, by Order dated 29.6.1977, which he joined on 1.7.1977. He was promoted to the post of Mechanic provisionally subject to approval of D.P.I. and subject to other conditions by Order dated 13:9.1978. Principal submitted detailed particulars of non teaching staffs of the college along with the name of the petitioner to the Deputy Director for approval of their appointment for the purpose of release of grant in aid. The D.P.I. in his Office Order communicated in letter dated 7.4.1981 approved his appointment with effect from 1.9.1978 along with others. The Deputy Director (NGC 1) in his Order dated 23.11.1993 (Annexure 8) modified the Order dated 13.1.1993 and accorded approval to the appointment of petitioner as a Laboratory Attendant in the Department of Physics with effect from 1.7.1977 a copy of which is Annexure 8. Pursuant to the aforesaid Order dated 23.11.1993 the Principal, Kendrapara College issued Office order dated 4.4.1994 (Annexure 1) posting the petitioner as Laboratory Attendant in place of one B. Ojha, transferred, which according to the petitioner is illegal and arbitrary, he having been working as Mechanic, and duly approved as such, by the Director.

(3.) IN view of the pleadings of the parties and submissions made, the moot question that arises for consideration is, whether a post of Mechanic in the Department of Physics of Kendrapada College was existing as on 1.9.1978, the date the petitioner is said to have been promoted by the Governing Body and as to whether, in view of the approval granted by the Director to such post, the petitioner acquires a right to continue as such. Incidentally, it has also to be determined as to whether the Director had the competence to approve such a post which was yet to be created and is he estopped from modifying such approval.