NARAYAN PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THESE three writ petitions are taken up together as the questions which arise for determination are substantially common in all of them.

(2.) THE petitioner under each of these applications has prayed for issue of a writ of mandamus or other appropriate writ or order declaring the Orissa Ministerial Service (Regulation of Recruitment and Conditions of Service of Irregular Recruits in the Departments of Secretariat) Rules, 1964, invalid and ultra vires and directing the State of Orissa, opposite party 1, to forbear from applying the said rules to them or affect their present terms and conditions of service, salary, emoluments and seniority in the gradation list.

(3.) NARAYAN Pradhan, petitioner in Original Jurisdiction Case No. 193 of 1964 was first appointed as a lower division assistant in the Board of Revenue (head of the department) on 30 June 1955. Thereafter, he was promoted on officiating basis to the post of a lower division assistant in the Secretariat on 19 June 1956 and as an officiating upper division grade II assistant, on 18 October 1957. He was confirmed as a lower division assistant on 19 September 1958. He passed his Secretariat training examination in 1959 and was promoted to officiate in upper division grade I, on 1 June 1962. In the joint gradation list published by Government in April 1952, his order of seniority was Shown as 3. 3 among the grade I assistants of the Secretariat. He apprehends that his position in the gradation list is likely to be reduced to the position 48, if the Regularization Rules of 1964 are applied to him.