KRUSHNA CHANDRA MALLICK Vs. EXECUTIVE OFFICER NOTIFIED AREA

JUDGEMENT

(1.) THE petitioner in this writ petition assails the validity of the office order No. 2649 dated 14.11.1996 (Annexure -4) by which the Chairman of Notified Area Council, Sunabeda has terminated his service as Octroi Peon.

(2.) THE case of the petitioner is that he had been working as N.M.R. under the PH. Sanitation establishment of Notified Area Council (in brief. 'N.A.C), Sunabeda from 1980 continuously without any break or interruption and on consideration of his seniority and performance in duty, his services were regularised as Octroi Peon with effect from 16.4.1995 against an existing vacancy as per office order dated 22.4.1995 (Annexure -1). As a consequence of regularisation, he joined as Octroi Peon and while working as such, by office order No. 474 dated 20.2.1996 (Annexure -2) he was reverted and was asked to join as D.L.R. under PH.Sanitation establishment. The Chairman, N.A.C., Sunabeda however passed order dated 16.3.1996 (Annexure -3) absorbing the petitioner in the post of Octroi Peon on temporary basis at a consolidated pay of Rs. 1000/ - per month. While he was working as Octroi Peon in a regular post pursuant to the order at Annexure -3, the impugned office order was issued terminating his services. In the said order it was mentioned that his services were terminated as per the Council resolutions dated 28.9.1996 and 28.10.1996 'in absence of sanctioned post of Government'.

(3.) THIS case was heard on 23.6.1998. As the facts stated in the counter affidavit of opposite parties 1 and 2 were not clear and specific, we directed the opposite party No. 1 to file an affidavit indicating as to how many sanctioned posts of Octroi Tax Collector and Octroi Peon were existing in Sunabeda N.A.C. during the relevant period and the names of the concerned incumbents who were holding those posts.