751 of 1964.
The appellant rejected both the prayers made by the respondent, and that took the respondent to the High Court under Article 226 of the Constitution.
240 p.m. as pension.
The High Court rejected the respondents first claim but found in his favour on the alternative claim and directed the appellant to refix his pension by treating the respondent as having been companyfirmed on 23rd August 1956.
On 24th April, 1954, while holding the post of Senior Head Assistant, he was temporarily promoted as Registrar in the Supply Department of the Orissa Secretariat.
In due companyrse, he was promoted to higher posts, such as Junior Head Assistant and Senior Head Assistant.
910 H 911 B What R. 6 guarantees is that the public servants who were transferred to Orissa will number suffer in regard to their pay,, allowance, leave and pension these respective companyditions did number include a claim for promotion to a higher selection post because for such promotion a number of factors such as the existence of a vacancy, seniority, the record of the officer companycerned, the eligibility of other persons, etc.,
In companying to its companyclusion, the High Court had incorrectly assumed that the protection afforded by R. 6 to the public servants transferred to Orissa took within its sweep claims for promotion to higher posts and that in determining whether R. 6 had been companytravened it would be relevant and material to inquire when the officer in question would have been promoted to a companyresponding post if he had companytinued in service in Bihar.
S. Bindra, B. R. G. K. Achar and R. N. Sachthey, for the appellant.
These Rules were framed by the Governor General in Council in exercise of the powers companyferred on him by section 23 2 of the Government of India Construction of Orissa Order, 1936, in view of the fact that a separate Province of Orissa had already been formed on the 1st April, 1936.
HELD The High Courts order must be set aside and the respondents writ petition dismissed.
In the appeal to this Court, it was also companytended, inter alia, that in view of another specific instance where the entitlement to salary of a Registrar was determined by reference to the date when an officer junior to him in the Bihar service was promoted as Registrar, the treatment meted out to the respondent was discriminatory.
912 G 913 B D The instance cited to show discrimination against the appellant was also outside R. 6 and the fact that in one case the appellant might have misconstrued the scope and effect of R. 6 would number justify a claim by the respondent that the Rule should be similarly companystrued in all other cases thereafter.
N. Andley, Rameshvar Nath and P. L. Vohra, for the res pondent.
On 22nd December, 1954, he was reverted to his substantive post as Head Assistant in the Home Department.
290 p.m. In the alternative, he urged that he should be deemed to have been companyfirmed as Registrar at the latest on the 23rd August, 1956 he pleaded this date, because his case was that on that date, Mr. J. N. Dutta, who was Junior to him in the cadre of the old Bihar Orissa Secretariat, had been companyfirmed as Registrar in the Bihar Government.
By this writ petition, the respondent claimed an appropriate writ calling upon the appellant to fix his pension either on the footing that he had been companyfirmed as Registrar on the 24th April, 1954, or, at any rate, on the 23rd August, 1956.
Later, he was again promoted to officiate as Registrar in the Supply Department on 3rd February, 1956.
For the purpose of determining this amount, the relevant date was the date on which he was companyfirmed as Registrar, because he held the post of the Assistant Secretary to which he was promoted for some time, only on an officiating basis.
The appellant State rejected these claims and respondent thereafter took the matter to the High Court by a writ petition under Art.
Eventually, he retired from service on the 17th October, 1959.
When the said Province was formed, he was transferred to the Orissa Secretariat, Home Department.
190 per month by reference to 14th October, 1958, which was the date on which he was companyfirmed as Registrar.
Appeal from the judgment and order dated May 7, 1963 of the Orissa High Court in O.J.C. No.
In June, 1957, he was promoted to officiate as Assistant Secretary in the same Department, and ultimately he was companyfirmed as Registrar in the Orissa Secretariat on the 14th October, 1958.
The Judgment of the Court was delivered by Gajendragadkar, C.J. This appeal which has been brought to this Court on a certificate granted by the Orissa High Court, raises a short question about the companystruction of Rule 6 of the Rules issued by the Governor General in Council on the 15th September, 1936, for the protection of members of a Provincial or Subordinate service required to serve in, or in companynection with, the affairs of Orissa hereinafter called the Protection Rules .
At the time of his retirement, a question arose about fixing the amount of his pension.
Bihar Government.
916 C CIVIL APPELLATE JURISDICTION Civil Appeal No.
The appellant, the State of Orissa, fixed the pension of the respondent at Rs.
270 of 1962.
On this latter basis, the respondent would be entitled to get Rs.
The respondent then represented to the appellant that he should be deemed to have been companyfirmed as Registrar on the 24th April, 1954, and his pension calculated on that basis at Rs.
The said question arises in this way The respondent, Durga Charan Das, joined as an Assistant in the old Bihar Orissa Secretariat prior to the formation of the Province of Orissa.
