PARIKSHITA JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner has filed this writ application under Article 226 of the Constitution 6f India for the quashing of the Government order as per Annexure -5 withdrawing its earlier decision stepping up his pay with effect from 10. 8. 76.

(2.) THE petitioner and one Adikanda Mallick took the recruitment examination conducted by the Orissa Public Service Commission for the post of Lower Division Assistant. The petitioner secured the 77th position while Adikanda secured 85th. Both of them were recruited as Lower Division Assistants in the Home Department towards the end of 1971.

(3.) ADIKANDA and the petitioner were promoted to Grad -e -II posts, the former on 10. 8. 76 and the latter on 5. 8. 76. At the time of promotion the petitioner was drawing a salary of Rs. 285/ - per month and Adikanda was drawing Rs. 306/ - per month. Upon promotion to the post of Grade -II Assistant, the salary of the petitioner was fixed at Rs. 320/ - per month and that of Adikanda at Rs. 370/ - in the scale of Rs. 320/ - -450/ -. The petitioner thereupon made a representation to the opposite party for stepping up his pay under Government Resolution dated 26.5.75 (Annexure -2) to bring it on par with that drawn by Adikanda. The opposite party accepted the representation and the petitioner's pay was stepped up with effect from 10. 8. 76, The Government in the Finance Department took a decision which was published in the shape of a resolution on 29. 7. 78 (Annexure -4) inserting one more exception to the principle of stepping up of pay. The exception is to the following effect :