DURYODHAN MOHAPATRA Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THE Petitioner joined as a lower division clerk under the District Board of Cuttack on 24 -10 -1934 and continued to serve under the said Board till 25 -1 -1961, when the District Board went out of existence. His services were taken over by the Collector of Cuttack for a short period between 25 -1 -1961 and 31 -8 -1961, and thereafter he served under the Zilla Parishad of Cuttack, established under the Orissa Panchayat Samiti and Zilla Parishad Act, 1959 from 1 -9 -1961 till 1 -8 -1968 when he retired from service.

(2.) ON 5 -6 -1968, the Additional District Magistrate, Cuttack, acting as Executive Officer of Zilla Parish ad of Cuttack called upon the Petitioner to retire from service with effect from 1 -8 -1968. The said order reads as follows:

(3.) COMING to the second contention, on 26 -1 -1961 the Petitioner became a Government servant and subsequently he served under the Zilla Parishad of Cuttack. Sub -section (2) of Section 51 of the Orissa Panchayat Samiti and Zilla Parish ad Act cannot bring back the service conditions under the District Board in view of the fact that there was no continuity until the Petitioner came to serve under the Zilla Parishad on 1 -9 -1961, and what preceded the Petitioner's joining service under the Zilla. Parish ad is the intervening period during which he served under the Collector as a Government employee. Therefore, Sub -section (2) of Section 51 cannot restore the conditions of service available under the District Board to the Petitioner.