BAIDYANATH PANI Vs. STATE OF ORISSA AND ANR.

JUDGEMENT

(1.) BY an order (Annexure -B) dated 27 -6 -1969 Petitioner was promoted from Grade II Assistant in the Office of the Revenue Divisional Commissioner, Central Division, Cuttack, to the post of Grade I with effect from that date. The order runs thus:

(2.) MR . Murty, however, places strong reliance on Rule 21(1)(b) and Rule 24 of the Orissa Ministerial Service (Method of Recruitment and Conditions of Service of Clerks and Assistants in the District Offices and offices of the Heads of Departments) Rules, 1963 (hereinafter to be referred to as the Rules) in support of the contention that the condition imposed in Annexure -3 is contrary to the Rules and is liable to be struck down.

(3.) MR . Murty also places reliance on Rule 25 which says down that where any Clerk or Assistant in the Lower Division or Upper Division fails to pass the Preliminary or Final Accounts Examination as the Case may be within the required period, he shall not be allowed to cross the efficiency bar in the time -scale of pay. This rule does not in any way restrict the scope of Rule 21(1)(b) and cannot render illegal the condition subject to which promotion was made. Annexure -14 dated 5 -12 -1964 is a clarification of Rule 24. It answers the question as to what should be the consequence if a junior U.D. Clerk or Assistant does not pass the final Accounts Examination. The reference raised the question whether the failure to pass the examination will entail replacement of clerks or assistants by qualified personnel who have passed the final Accounts Examination and whether their increments will be withheld in the time -scale or whether it will he withheld beyond the stage of 5th increment. The answer given was that failure to pass the examinations will entail with holding of their crossing the Efficiency Bar and they will get their normal annual increment till they reach the stage of Efficiency Bar where further increment will not be allowed and the question of their replacement by qualified clerk or stoppage of increment does not arise.