MANOTOSH BEHARA Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution by an Inspector of Police serving under the Radio Grid of the State of Orissa. The petitioner joined service under the ex-State of Mayurbhanj on 15-10-1948 as a Radio Engineer. The appointment was for a period of one year, but it was terminated by notice dated 29-11-1948 with effect from 31-12-1948. The State of Mayurbhanj merged with the Province of Orissa with effect from 1-1-1949. Subsequently there was recruitment by selection on 7-3-1949 and the petitioner was recruited to the post of Inspector, Mechanic. He joined the post under the aforesaid order of appointment on 25-3-1949. Opposite party No. 3 joined service under the Provincial Government of Orissa as a Sub-Inspector of Police, Mechanic under the Orissa Police Radio Grid with effect from 2-2-1948 and he was also selected at the same selection referred to above and with effect from 7-3-1949 he was promoted to the rank of Inspector, Mechanic.

(2.) The petitioner by his order of appointment was given the benefit of service With effect from 15-10-1948 when he had been appointed as a Radio Engineer Under the ex-State of Mayurbhanj and the break in service was condoned. It is the contention of the petitioner that he was holding a higher post under the ex-State of Mayurbhanj and he is senior to opposite party No. 3. It is said that a gradation list was published on 1-3-1959 wherein the petitioner had been given the third position by ignoring his past service under the Mayurbhanj State and opposite party No. 3 was shown just above the petitioner. On 25-10-1961, the petitioner made a representation to his appointing authority, the Inspector General of Police. The said representation was rejected on 16-2-1962. Thereafter on 25-2-1962, a second representation was made to the Inspector General of Police. As relief was not granted, the petitioner made a memorial to the State Government in Sept., 1964. That also did not bring him relief. Therefore, ultimately he made a second memorial on 24-4-1966. It is said that in Jan. 1968 Government accepted the petitioner's contention and directed that the break between 1-1-1949 and 24-3-1949 should be condoned and he should be given the seniority with effect from 15-10-1948. In the meantime opposite party No. 3 came to be appointed as a Deputy Superintendent of Police, Signals with effect from 2-12-1965.

(3.) The petitioner has come before this Court saying that opposite party No. 3 cannot be treated as senior to him; the gradation list published showing the petitioner as junior to opposite party No. 3 is erroneous and is liable to be cancelled; opposite party No. 3 has been erroneously given promotion merely on the basis of the entry showing him as senior to the petitioner and, therefore, the promotion is also to be vacated, and the petitioner has asked us to give him all consequential reliefs. One further relief which the petitioner has asked for in the writ application is to direct the State Government and the Inspector General of Police to communicate to him the order of Government on his memorial said to have been passed in Jan. 1968 by which he has been given all the benefits he now asks for.