SRIBATSA MISRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner challenges an order of the Additional District Magistrate, sundargarh, dated March 18, 1967 by which the petitioner was reverted from the rank of senior Upper Division Clerk td the rank of Junior Upper Division Clerk on the ground that he had not passed the Final Accounts Examination as required by rule 9 of the Orissa Ministerial Services (Method of Recruitment and Conditions of service of Clerks and Assistants in the District Offices and Offices of Heads of departments) Rules 1963 (hereinafter referred to as the Orissa Ministerial Service rules ).

(2.) THE petitioner's main points are that the Orissa Ministerial Service Rules, 1963, as prospective do not apply to his case; that he was exempted from undergoing a course of training in Accounts as required prior to the Rules of 1963; that in any event he actually passed the Accounts Examination and should be deemed to have satisfied the appropriate rule or order --even if applicable to the petitioner -requiring the passing of such examination, all as discussed hereunder.

(3.) RULE 9 of the Orissa Ministerial Service Rules, 1963 which requires the passing of departmental examination as a condition precedent for promotion to the higher posts in the cadre of ministerial service of the district offices, so far as material, is this: