- (1.)THE petitioner joined as a Lower Division Assistant in the Office of the Orissa hindu Religious Endowments Commissioner on 8-5-47. He was confirmed in that post on 4-6-1949 and was also promoted as an Upper Division Assistant in the scale of pay of Rs. 60-70 per month.
(2.)ON 1-12-50 he was appointed as a Head Assistant in the said office in the scale of pay of Rs. 100-8-140 E. B. 10-180 per month. One Gunanidhi Khandait Roy, who was senior to the petitioner in the said office, and two other persons were then serving as Senior Inspectors of Endowment in the scale of 100-8-140 E. B. 10-18o/- per month. As the scales of pay of both the Inspector and Head Assistant were the same they did not feel aggrieved by the appointment of the petitioner as head Assistant. After the passing of the Orissa Hindu Religious Endowments Act, 1951 (which was brought into force in 1955) and the statutory recognition of all the members of the staff of the Endowments Office as regular Government servants (see Section 6 of the Act) there was a complete re-organisation of the office of the Endowments Commissioner and revision of the pay scales of all the members of the staff with effect from 1st January, 1955. The pay of the Head assistant of the office of the Endowments Commissioner was enhanced to Rs. 1851o-205-E. B. 15-225/- per month, but the pay of the senior Inspector was enhanced to Rs. 120-5-155 E. B. 5-160-10-220 only. The Commissioner of Endowments was then faced with somewhat difficult situation. The petitioner, though junior in service had worked very satisfactorily as head Assistant and was serving in that post for more than 4 years. But Gunanidhi kandayat Rai who was senior to him applied for being appointed to that post saying that though there was no supersession prior to the date of re-organisation of the office of the Endowments Commissioner in 1955 because the scales of pay of Senior Inspector (which he was holding) and the Head Assistant were the same, the position was altered subsequently in view of the fact that the scale of pay of the Head Assistant was made higher than that of Senior Inspectors and that he as an officer senior to the petitioner should be given that post. The then Endowments commissioner, Sri B. K. Patro first allowed the petitioner to continue as Head assistant temporarily without prejudice to the claim of his seniors (see annexure I)as he considered it undesirable to make a change in the post suddenly. Then on 69-1956 (annexure II) he ordered that
"steps should be taken to appoint Shri Guna-nidhi Khanat Roy as Head assistant; Secretary to put up detailed proposals".

(3.)BUT the successor of Shri Patro, namely Shri C. Mahapatra by his order of 8-1058 (annex. IV) observed that a test should be held to judge the relative merits of the petitioner and Gunanidhi. Khandait Roy. It appears that Gunanidhi Roy made a representation to the Government in the Law Department against the order of Shri chintamani Mohapatra and Government in their letter No. 3103 dated 30-4-62 after obtaining a complete report from the Endowments Commissioner directed that Gunanidhi Khandait as the senior officer should be appointed as Head Asst. The Endowment Commissioner carried this direction into effect by his order dated 9-6-62 (Annex. C), and consequent on the appointment of Gunanidhi Khandait as head Asst. the petitioner was reverted as Inspector and appointed temporarily as grade I assistant without prejudice to the claims of his seniors. The petitioner felt aggrieved by this order and sent a representation to the Government subsequently, but that was subsequently rejected. He has therefore come up to this Court, for relief under Article 226 of the Constitution.