PRASANTA MOHAPATRA Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner challenges the order of his reversion from the post of Director of fisheries, Crissa to which post he was temporarily appointed to act for specified period to the post of Joint Director of Fisheries, by an order dated February, 27, 1968 passed by the Government of Orissa,

(2.) THE permanent incumbent of the post of Director of Fisheries, Orissa was one sri G. N. Mitra who since September, 1963 has been and still is, on deputation to most Deputy Director of Fisheries Sri G. B. Mohanty was promoted to officiate in the said post of Director of Fisheries in the place of Sri G. N. Mitra. In June, 1964 Sri G. B. Mohanty died. Thereafter the petitioner Sri Prasanta Mohapatra was appointed temporarily to act as Director of Fisheries in the vacancy caused by Sri mitra's deputation, for periods of six months successively by a series of orders. The last of these orders dated November 2, 1967 which is relevant for the purpose of this writ petition, reads as follows: government of Orissa. Agricultural Department. Notification: dated Bhubaneswar 2nd November, 1967. No. 3 FY-OA-7/36-33797/ag. Sri Prasanta Mohapatra, who was appointed temporarily to act as Director of Fisheries, Orissa, is allowed to continue as such till 25th May, 1968, or till the return of Sri G. N. Mitra, Director of Fisheries, under deputation to Government of India, whichever is earlier. By order of the Governor. Sd. B. K. Mohanty deputy Secretary to Government"

(3.) BY the impugned order dated February 27, 1968 the petitioner was reverted and appointed temporarily as Joint Director of Fisheries which is lower in rank than that of Director of Fisheries for the period specified in that order. The order reads as follows: