By order dated 2 3 1966 the respondent was appointed as Junior Assistant Surgeon.
By order dated 20 6 1980 he was declared as Assistant Surgeon with effect from 19 7 1974.
By resolution dated 4 7 1964 the Government of Orissa Health Department decided that candidates obtaining diploma of D.M. S.M from the Orissa Medical Examination Board for companydensed companyrse of D.A. M.S. will be designated as Junior Assistant Surgeon on their appointment in the State Medical and Public Health Department and that they will be given the gazetted status in the post of Junior Assistant Surgeons.
The State Government has fixed his seniority in the cadre of Assistant Surgeons from 19 7 1974.
The question is whether the seniority of the respondent in the cadre of Assistant Surgeons should be companynted 19 7 1974 or he is entitled to companynt his service as Junior Assistant Surgeon for the purpose of seniority as Assistant Surgeon.
The said pay scale was lower than that for the post of Assistant Surgeons who were in the scale of Rs 300 780.
The Orissa Administrative Tribunal hereinafter referred to as the Tribunal by the impugned judgment dated 24 4 1995 has, however, held that as the respondent was appointed as a gazetted Assistant Surgeon with the companycurrence of the Public Service Commission in the year 1964, the length of service in his case should companynt from that year.
Special leave granted.
Dearly companydoned.
We have heard the learned Counsel for the parties.
By subsequent resolution dated 21 1 1965 the resolution dated 4 7 1964 was modified in view of the fact that there were numbersanctioned posts of Junior Assistant Surgeons and the total strength of Junior Assistant Surgeons was expected to be about 200 because the companydensed companyrse training of D.M. S.M. candidates would be closed next year.
Hence this appeal.
After his appointment he obtained the M.B. B.S. degree in 1974 under the companydensed companyrse.
Since the post of Junior Assistant Surgeon was temporary arrangement, it was number companysidered necessary to form a separate cadre of Junior Assistant Surgeons and it was decided that they would be appointed against the sanctioned posts of Assistant Surgeon in the medical and public health cadres and would draw pay in the scale of Rs 250 540.
At the time of his appointment he was having D.M. S.M. qualification.
