SUBASH CHANDRA ROUTRAY Vs. MANAGING DIRECTOR ORISSA STATE

JUDGEMENT

(1.) SUBASH Chandra Routrayand Ajay Kumar Nayak call in question Annexure -1 (WP (C) No. 9397/04) and Annexure -8 (WP (C) No. 10342/04) wherein they have been demoted to the post of Kantawala from the appointed/engaged post of Sales Assistant -cum -Godown Assistant (hereinafter referred to as 'S.A. - cum -G.A.') with the direction for recovery of financial benefit by their authority (opp. party No. 1). In addition, regularization of the post of Kantawala in respect of Ajaya Kumar Nayak also has been struck off.

(2.) BRIEFLY stated, Subash Chandra Routray (WP (C) No. 9397/04) was temporarily appointed (Annexure -2) on ad hoc basis for 44 days as Helper -cum -Kantawala by opp. party No. 1 by order dated 23.5.1988 and he joined on 26.5.1988 before the opp. party No. 2 and is working till today. As per the relaxation of Orissa State Civil Supplies Corporation Employees Service Rules, 1993 (hereinafter referred to 'the Rules, 1993'), he became eligible for the post of S.A. -cum -G.A. and, accordingly, he was appointed in the same post by the order dated, 11.12.1995 (Annexure -5). The copy of the order of appointment, issued by opp. party No. 2 was communicated to the Sub -Collector, Panposh, Managing Director, O.S.C.S.C. (O.P. No. 1) and all other concerned. Thereafter several correspondences were made to O.P. No. 1 form the office of O.P. No. 2 for approval of the appointment of the petitioner while the petitioner was availing financial benefit of S.A. -cum -G.A. and his service book was opened as in Annexure -10. During the continuance of his service, the opp. party No. 1 demoted him to the post of Kantawala and directed recovery of the excess payment to him under Annexure -1 dated 28.8.2004.

(3.) THE Managing Director, Orissa State Civil Supplies Corporation Ltd. (opp. party No. 1), has spoken on oath that the petitioners were employed temporarily whose services can be terminated without assigning any reason and the promotion/ appointment given by opp. party No. 2 is illegal due to contravention of Rule 21(5) of the Rules, 1993'. According to the averments, the post of S.A. -cum -G.A. is a class III post and the post of Kantawala is a class IV post. The Junior Grade III posts are filled up by recruitment but not by promotion. According to him, the order of the apex Court has been misinterpreted.