UDAYANATH JENA Vs. STATE OF ORISSA AND OTHERS.

JUDGEMENT

(1.) The petitioner challenges the validity of the order dated 11-11-1972 (Annexure 4) passed bv the Joint Director of Health Services, Orissa.

(2.) The petitioner was appointed as a Vaccinator in the office of the Health Officer, Berhampur Municipality on 8-12-1962 and he was confirmed on that post on 2-3-1966. Bv the impugned order his services were placed at the disposal of the Chief District Medical Officer. Ganiam. Both the offices of the Health Officer, Berhampur Municipality and the Chief District Medical Officer, Ganiam are under the administrative control of the Director of Health Services, Orissa. The petitioner's contention is that the vaccinators of the Berhampur Municipality belong to a separate cadre different from that of the Vaccinators in the office of the Chief District Medical Officer. Ganiam and since he was holding a substantive post in the office of the Health Officer, Berhampur Municipality, he could not be transferred to anv other post outside the cadre. Accordingly, he prayed for clashing the order in Annexure 4 and for issue of a direction for taking him back in the office of the Health' Officer of the Berhampur Municipality.

(3.) The State of Orissa and the Chief District Medical Officer. Ganiam (opposite parties 1 and 2) filed counter contending, inter alia, that the pattern for posting the health staff in the urban areas on the basis of population was re-organised and under the re-organised pattern three posts of Vaccinators in the office of the Health Officer, Berhampur Municipality were found to be surplus. Instead of terminating the services of the surplus staff, the Joint Director of Health Services (public health) to whom powers have been delegated, transferred the petitioner to the office of the Chief District Medical Officer. Ganiam. It was alleged that though the petitioner was confirmed on his post, it was subsequently discovered that there were only nine permanent posts and the position of the petitioner in the gradation list being No. 10. his order of confirmation was cancelled as per order dated 8-6-1973 Annexure A.