LAXMIDHAR SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this writ petition the petitioner prays for quashing of the order dated 28.11.2006 (Annexure -8) passed by the Commissioner -cum - Secretary, Government of Orissa, Higher Education Department -opposite party no.2 rejecting the petitioner's claim for approval of his promotion to the post of U.D. Clerk (Senior Clerk) with effect from 25.05.1986 and to the post of Head Clerk with effect from 05.07.1987, and for further direction to the opposite parties to approve the petitioner's promotion to the aforesaid posts with effect from the dates as aforesaid.

(2.) IT is the case of the petitioner that he is a graduate and was appointed as a junior clerk in Sri Sathya Sai College for Women, Bhubaneswar and joined the post on 26.06.1981. His appointment as Junior Clerk has been approved by the Director of Higher Education, Orissa -opposite party no.3 and he has been allowed Grant -in -Aid for the said post with effect from 26.06.1984 as per order under Annexure -1. On the basis of yardstick prescribed by the State Government as per Government Order No.23905/EYS dated 08.07.1977, the governing body of the college -opposite party no.4 promoted the petitioner to the post of Senior Clerk with effect from 25.05.1986, as revealed from the order of the Principal of the college dated 14.03.1988 vide Anenxure -2. Thereafter, as per Governing Body Resolution dated 04.07.1994 (Annexure -9), the petitioner was again promoted to the next higher post of Head Clerk with effect from 05.07.1987 as revealed from the office order dated 05.07.1994 (Annexure -3) of the Principal -cum -Secretary of the College. It is stated that the petitioner has already passed accounts training, which is evident from the order passed by the Principal of Madhusudan Institute of Accounts dated 31.07.1987 (Annexure -4). It is stated that the promotion of the petitioner to the post of Senior Clerk and thereafter to the post of Head Clerk by the Governing Body was as per the yardstick prescribed by the State Government.

(3.) IT is further stated by the petitioner that the State Government issued letter no.39600/H dated 18.08.1992 to the Director, Higher Education, Orissa, Bhubaneswar asking for college wise vacancy position in the higher posts for promotion of non -teaching staff of Non3 Govt. Aided Colleges along with its detailed financial implication for bringing those promotional posts to the direct payment system and, accordingly, vide Memo dated 13.01.1993 (Annexure -6) of the office of the Director, Higher Education information was called for from the Principals of all Non -Government Aided colleges. In pursuance of such memo and in consonance with the 1994 Grant -in -Aid Order proposal was submitted in connection with the assessment of Grant -in -Aid payable to the eligible teaching and non -teaching staff members by the Principal of the College during the Financial Year 1996 -97. After verification of the records of the College, opposite party no.3 found the promotion of the petitioner justified and accordingly recommended to the State Government vide letter dated 03.05.1997 (Annexure -3) for according sanction of expenditure for the purpose of extending the promotional benefits to the petitioner and others. Since no action was taken by the State Government on the recommendation of opposite party no.3, the petitioner filed OJC No.11768 of 2001 before this Court. After hearing both the parties, the said writ petition was disposed of by order dated 19.08.2002, which is as under :