LAWS(ORI)-2015-1-23

TRILOCHAN MOHANTY Vs. STATE

Decided On January 19, 2015
Trilochan Mohanty Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THE petitioner has prayed inter alia to quash the order dated 01.06.2012, vide Annexure -12, passed by the Government of Orissa in its Law Department creating the posts of Superintendent Level -II and Level -I in the cadre of Typist in the Subordinate Judiciary of the State. An ancillary prayer has been made to create the said post with effect from 25.02.1992 and promote him to the post of Superintendent Level -II with effect from 29.02.1992 and grant consequential benefits.

(2.) THE case of the petitioner is that he was appointed as Junior Typist in the Judgeship of Cuttack on 04.08.1967. Thereafter he was promoted to the post of Senior Grade Senior Typist. While the matter stood thus, the Government of Orissa, Political and Services Department by the resolution dated 01.06.1978, vide Annexure -1, took a decision that a post of Head Typist in the office of Heads of Department will be admissible for every six Typists and when the number of Junior and Senior Grade Typists in an office will be more than 50% of the above yardstick another supervisory post of Head Typist will be admissible.

(3.) THE further case of the petitioner is that pursuant to the Office Memorandum dated 09.04.1980, vide Annexure -2, posts of Head Typist and Superintendent were created in all the Heads of Departments of the State with effect from 09.04.1980 except the Judgeships of the State. As per the yardstick fixed in Annexures -1 and 2, fourteen posts of Head Typist were admissible in the Judgeship of Cuttack, out of which at least three posts were to be converted to the post of Superintendent, but then the opposite parties did not create the post of Head Typist and Superintendent on the ground that the establishment of the District and Sessions Judge is not the Heads of Department. Challenging, inter alia, the action of the Government, a writ application was filed before this Court, which was registered as O.J.C. No. 950 of 1985. By judgment dated 22.02.1991, this Court directed that the post of Head Typist in the judgeship of Cuttack should be created within a period of three months. Pursuant to the said direction of this Court, the opposite parties 1 and 2 issued notifications on 05.09.1991 and 25.02.1992 creating five posts of Head Typist in the Judgeship of Cuttack as against fourteen posts. The opposite parties did not convert one of the posts of Head Typist to the post of Superintendent. Aggrieved by the action of the opposite parties in creating less number of posts of Head Typist than the approved yardstick, the petitioner along with some other Typists of the judgeship of Cuttack filed writ application before this Court, which was registered as O.J.C. No. 370 of 1993. By judgment dated 12.08.2011, a Division Bench of this Court allowed the writ application with a direction to the opposite parties to create posts of Superintendent Level -II and Level -I in consonance with the latest decision of the Government by applying the revised yardstick of Head Typist in the office of the Heads of Department as per the Political and Services Resolution dated 01.06.1978 in respect of Heads of Department in the judgeship of Cuttack within six months.