DAMBARUDHAR DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution, by a permanent Government Servant in the Education Department of the Government of Orissa, who is now working as lecturer in Sanskrit and Oriya in Fakir Mohan College, Balasore. After working in various subordinate capacities he was posted to officiate as Principal, Purl Sanskrit College from 1-11-1944 on the scale of Rs. 144-7-200-40/2-400/- per month. He continued in that scale till the forenoon of 15-8-1947 when he was transferred as Superintendent of Sanskrit Studies which was a post in the junior branch of Class II of the Orissa Educational Service. Subsequently, on the recommendation of the Public Service Commission he was absorbed in that post.

(2.) While the petitioner was working as Principal, Sanskrit College Puri, the Director of Public Instruction --as early as 22-3-1947 requested the Government to include that post in Class II of the Orissa Educational Service so as to enable him to appoint some other person to that post and transfer the petitioner who, in his opinion, was not suitable for the same. In pursuance of that request the Government of Orissa, in their Notification No. 2092-E dated 20-5-1957 declared the post of Principal, Sanskrit College, Puri, to be a gazetted one, under Clause II of Rule 17 of the Orissa Service Code Vol. 1. But the petitioner was allowed to continue in that post till 15-8-1947. The Director of Public Instruction requested Government to issue another Notification declaring the post to be included in Class II of the Orissa Educational Service saying that merely declaring the post to be a gazetted one would not suffice. In response to his request the Government of Orissa, in the Education Department, in their letter No. 6536-E dated 29-12-1947. created with retrospective effect from 15-8-1947 the post of Principal, Puri Sanskrit College, in the senior branch of Orissa Educational Service, Class II.

(3.) Subsequently, the Government of Orissa in Finance Department Resolution No. 6752-E dated 7-8-1948, substantially accepted the recommendations of the Orissa Pay Committee, as regards scales of pay, dearness allowance, classification of services etc., and gave retrospective effect to that decision from 1-4-1947. In Appendix III to the Resolution the classification of the various Government services and posts under the Government was made and for the purpose of disposal of this application it is necessary to refer to a portion of paragraph (E) of that appendix which is as follows :