DIGAMBAR NAYAK Vs. ORISSA LEGISLATIVE ASSEMBLY

JUDGEMENT

(1.) All the above writ petitions having similar cause of action, have been heard together and are disposed of by this common judgment. For better appreciation, the fact of W.P.(C) No. 1 1117/2015 has been taken into consideration for judgment of all the matters. The petitioner has filed this application seeking for the following reliefs:

(2.) The petitioner was appointed as Data Entry Operator on 26.02.2004 pursuant to advertisement issued on 20.12.2002 vide Annexure -1 by following due procedure of selection by conducting written examination, interview and on proper verification of the certificates. The appointment order under Annexure -2 dated 02.04.2004 indicates that the petitioner was appointed in regular scale of pay of Rs. 3050 -75 -3950 -80 -4590 with usual D.A. and other allowances as admissible from time to time with effect from the date he joins in his post pursuant to which the petitioner joined the post and discharged his duty against the said post. The advertisement as well as the appointment order indicates that he is entitled to get usual service and financial benefits attached to the post as prescribed by rules and regulations. On the allegation of corruption in purchase of computers and illegal appointments made in the Odisha Legislative Assembly, the State Government appointed Hon'ble Justice C.R. Pal, retired Judge of Orissa High Court as Commission of inquiry under the Commissions of Inquiry Act, 1952 to enquire into the following matters and submit his report:

(3.) Mr. R.K. Rath, learned Senior Counsel appearing for the petitioner submits that the petitioner having been duly selected by proper recruitment process and there being no allegation of any kind against him and his appointment having been made against the sanctioned post, he is entitled to get all the consequential benefits in terms of his appointment under Annexure -2. Though in the meantime 11 years have elapsed, he has not been extended all the benefits attached to his post. It is urged that the petitioner is entitled to get the following service and financial benefits: