ASHOK KUMAR SUKLA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS is a writ petition filed at the instance of the Councilors of Berhampur Municipality as it was then challenging the order passed by the Government vide order dtd. 11.06.2006 as available under Annexure 4 of the writ petition. By issuing a direction vide Annexure -4, the Government in Housing & Urban Development Department passed an order following the provision contained in the Orissa Service Code directing therein that Mr. Simanchal Das, Executive Engineer, P.H. is entitled to get his salary and other allowance from the Berhampur Municipality till joining in his new place of posting and the said order indicated nonpayment of salary of Mr. Simanchal Das from 05.10.2005 onwards is not proper.

(2.) THE materials available on record vide Annexure -1 discloses that vide notification No. 22433/HUD dtd. 23.09.2005 his services of Mr. Simanchal Das was placed at the disposal of Rural Development Department for his subsequent posting in R.W.S.S. Wing. In the very same notification there are several transfer orders against several other persons including one Mr. V. Satyanarayan, A.E.E., Town Planning Unit, Jeypore vide communication No. 22434/HUD, was transferred and posted as Municipal Engineer in the Berhampur Municipality, Berhampur as against Mr. Simanchal Das. In a subsequent development vide Annexure -2, Mr. Simanchal Das (opposite party No. 4) was relieved from his posting at Berhampur Municipality, Berhampur.

(3.) THIS matter is pending since 2006. Even though no counter has been filed as on date, Mr. Biswal, learned Additional Government Advocate appearing for the opposite party No. 1 today during course of hearing produces a para -wise comments. Para -14 of the para -wise comment reads as follows: