RAMACHANDRA MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner was appointed as a Tracer on 13 -6 -1956 in the Electricity Department of Government of Orissa and his services were placed under the Balasore Electrical Division. According to the petitioner, from the date of appointment he became a civil servant and the provisions of Orissa Service Code (for short 'the Code') were applicable to him. Orissa State Electricity Board (for short 'the Board') was constituted on. 1 -3 -1961 and the petitioner became an employee under the Board. He was promoted to the post of Draftsman and joined the post on 3 -8 -1961. Since then he was working in the same post till 18 -7 -1977, the date on which he was forced to retire from service on completion of his 58th years of age. The petitioner claims that even though his services were placed under the Board, by virtue of Irrigation and Power Department Resolution dated 19 -10 -1965 (Annexure -2) he was to be treated as a Government servant for all purposes. His services were illegally terminated on completion of the age of 58 years though according to the rules he should have continued till the completion of his 60th year as provided under rule 71 of the Code, as he is a Workman. He has come up with the prayer that the order of termination passed by the Executive Engineer, Balasore Electrical Division, retiring him on 18 -10 -1977 is illegal and is to be quashed and he should be deemed to have continued till the completion of 60 years and is entitled to all service benefits till then.

(2.) OPPOSITE party No. 2, the Board, in their counter stated that as per the Government of Orissa, Irrigation and Power Department Resolution dated 19 -10 -1965, those who opted to serve under the Board were deemed to have been finally transferred to Board service with effect from l -6 -1962 or the actual date of relief from the Government service, whichever was later. As the . petitioner joined prior to 1 - 6 -1962, he shall be deemed to have been finally transferred to the Board with effect from 1 -6 -1962. The petitioner is not a Workman nor the proviso to Rule 71 of the Code is applicable to his case as the Board had fixed the age of superannuation of its employees (except class - -IV employees) at 55 years which subsequently raised to 58 years. The relevant resolutions have been filed as Annexures -A and B.

(3.) LEARNED counsel for the Board, however, submitted that after 1965 no non -gazetted officer was allowed to continue in Government Service and all Government servants serving under the Board were treated as employees of the Board. He relied on Government of Orissa, Irrigation and Power Department Resolution dated 19 -10 -1965, the same Resolution on which the petitioner relies, which is as follows: -