STATE OF ORISSA versus KISHORE CHANDRA SAMAL AND OTHERS

Citation: [1999] 2 S.C.R. 190 · Decided: 24-03-1999 · Supreme Court of India · Bench: S. RAJENDRA BABU · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
STATE OF ORISSA 
v. 
KISHORE CHANDRA SAMAL AND OTHERS 
MARCH 24, 1999 
B 
[S. RAJENDRA BABU AND S.N. PHUKAN, JJ.] 
Service Law : 
Orissa Municipal Act, 1950 & Rules-Cadre-Constitution of-Section 
C 81-Rule 3 (2) providing that the posts of equal time scales having duties 
and degree of responsibilities of the same nature in the Municipalities 
shall form one cadre-Respondents appointed as L.D.C. cum Asst. Octroi 
Superintendents-Posts in Octori and general section, interchangeable-
Notification issued, under which respondents were transferred-Notification 
challenged as violative of Rule-Held-Impugned Notification, valid 
D 
Promotions-Circulars issued by State, directing reversion of employees 
promoted irregularly-On challenge, High Court set aside the promotions of 
employees-Held-Reversions made under the impugned circular not ·valid 
Initially, the respondents were appo'inted as Lower Division Clerk-cum-
E Assistant Octroi Superintendents. On several occasions, respondents had 
been transferred to the general section and from the general section to the 
octroi section. 
There is no separate cadre of superintendent or inspectors. The 
appellant-State issued a notification grouping different posts in 
F Municipalities within a Cadre. As a result the respondents were transferred 
to other section. The respondents challenged the notification before High 
Court, which quashed the impugned notification. 
In the connected appeal, the appellant-employees challenged before the 
G High Court, a c}rcular issued by State Government directing reversion of 
employees irregularly. The High Court set aside the promotions given in 
view of the impugned circular. Hence, these appeals. 
Allowing the Appeals, this Court 
H 
HELD: 1.1. The impugned notification dated 31.8.1976 is valid and 
190 
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STATEv. K.C. SAMAL 
191 
there is no violation of guidelines contained in the Rules. (194-B] 
1.2. The impugned Circular dated 17.11.1990 is quashed. Consequently 
promotion of employees working as clerks is also valid. 
A 
2.1. In the present case, respondents belong to one cadre and it is the 
first time when the State is constituting the cadre as provided under the B 
Rules. Therefore, when the posts are interchangeable and the responsibilities 
discharged by the respondents and others were identical, in constituting 
such a service the action of the State appear to be unexceptionable.(193-E] 
Rabinarayana Vyas v. State of Orissa, OJC No. 930of1979, approved. 
Kishore Chandra Sama/ and 39 others v. State ofOrissa, (1992) 1 OLR 
544, overruled. 
2.2. The question of parity in pay and duties and responsibilities would 
arise only in case of constituting a cadre by integrating several cadres. In 
c 
the present case, there is no integration of cadres in as much as the D 
respondent and others working in the common cadre would constitute one 
single cadre as notified by the High Court. If that position is correct it hardly 
lies in the mouth of the respondent to contest that they cannot be equated 
with other employees working in other sections of the Municipalities. 
[193-D] 
3. In the instant case, posts are inter changeable prior to the impugned 
rules and when the finding of the High Court is that those WO!"king in the 
octroi section do not constitute a separate cadre, one fails to understand as 
to how the respondents cannot be grouped along with others working in the 
general sections. (193-C] 
E 
F 
CIVIL APPELLATE JURISDICTION : Civil Appeal Nos. 4875-76 of 
l 992 Etc. Etc. 
From the Judgment and Order dated 28.1.92 of the Orissa High Court 
in O.J.C. Nos. 1938 and 1941of1989. 
P.N. Mishra and R.S. Jena for the Appellant in C.A. No. 4674-76/94 for G 
Respondent in C.A. No. 1684 199. 
Raj Kumar Mehta for the Appellant in C.A. No. 4877/92. 
G.S. Chatterjee for Petitioner in C.A. No. 1684/99. 
Jitendra Sharma, P. Gaur and Ms. Jasmine Ahmed for the Respondent H 
192 
SUPREME COURT REPORTS 
[1999] 2 S.C.R. 
A in C.A. No. 4875-76/92. 
The Judgment of the Court was delivered by 
RAJENDRA BABU, J. The State of Orissa issued a notification on 
August 31, 1.976 grouping different posts in the municipalities within a cadre 
and as a result thereof the respondents were transferred from the posts of 
B Octroi Inspector to Lower Division Clerk or Junior Assistant and Octroi 
Superintendent as Senior Assistant. The stand of the appellants before the 
High Court and in this Court is that all the respondents had been initially 
appointed as Lowe
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