SRI UPENDRA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) ON 28-6-69 the Orissa Public Service Commission (hereinafter to be referred to as the Commission) consisted of three members; (1) Sri Motilal Pandit, (2) Sri upendra Das (petitioner) and (3) Sri Kali Kinkar Samal (opposite party No, 2 ). On attainment of the sixtieth year, Sri Pandit retired in the afternoon of 28-6-69. On 27-6-69 the Chief Secretary to the Government of Orissa issued two notifications, no. 10281 and No. 10282 appointing Sri K. K. Samal as Chairman of the commission and Sri Chintamoni Mohapatra as member of the Commission with effect from 29-6-69 forenoon. The petitioner has filed this writ application under article 226 of the Constitution, for quashing the aforesaid notifications and for issuing an injunction against opposite party No. 2 restraining him from functioning as Chairman of the Commission.

(2.) FROM the statement of facts, it would appear that by 29-6-69 petitioner and opposite party No. 2 were persons who prior to their appointment as Members of the Commission held office under the Government of Orissa for at least ten years. Sri Chintamoni Mohapatra retired from Superior Judicial Service and was in the service of the State Government for at least 10 years prior to his appointment as a member of the Commission.

(3.) ON the aforesaid facts, Mr. Misra, for the petitioner, raised two contentions: