GAGAN BEHARI SAHOO Vs. THE ORISSA INDUSTRIAL INFRASTRUCTURE

JUDGEMENT

(1.) THE Petitioner in this writ petition, inter alia, challenges the action of the opposite parties in not giving him appointment as Office Assistant/Clerk and not giving him the salary and other financial benefits as applicable to such post even though he has been performing the work of the Office Assistant/Clerk from the date of his joining the Orissa Industrial Infrastructure Development Corporation.

(2.) THE Petitioner was appointed as a Work Sarkar on daily wage basis on 4.5.1981 @ Rs. 10/ - per day but he was asked to perform the duties of Office Assistant/Clerk and during his incumbency he was posted in finance branch with duties of maintenance of stocks, accounts and cash accounts, to act as cashier, to remain in -charge of cash, allotted the duties for compliance of accounts etc. He was directed to attend audit compliance, for store operation and maintenance of Industrial Estate, Jagatpur (New) and to take over charge from Junior Assistant. Ultimately, he was promoted to the rank of Supervisor with effect from 21.6.2006 by up -gradation and was allowed to continue with the assignment as given before. He was attached to the I.D. Section of Cuttack Division since 23. 8.2006 and on 7.9.2006 he was allowed to deal with the I.D. related matters of seven Industrial Estates. On 16.10.2007 he ws directed to deal with the matters relating to five Industrial Estates in supersession of all the previous orders. On 22.7.1988, 17.8.1990 and 16.4.1991, the Petitioner was issued with certificates/recommendations of satisfactory performance of clerical and accounts duties. It is further stated that a similarly situated person, i.e., Nityananda Das, Work Sarkar and junior to the Petitioner was regularized as a Clerk by virtue of the judgment passed in OJC No. 1249 of 1991. Thereafter On 5.12.1992 the Petitioner was directed to work under the Assistant Engineer, IDCO, Cuttack along with Nityananda Das, Petitioner in the aforesaid writ petition.

(3.) NOW , the case of the Petitioner is that in the case of Nityananda Das the benefit of regularizing him and absorbing him in the post of Clerk was granted by virtue of compliance of the judgment of this Court, but the opposite parties are reluctant to extend such benefit to the Petitioner without any valid reason.