JUDGMENT

Raju, J.-The appellant herein, who lost before the High Court fighting his cause as fourth-respondent in a Writ Petition filed in the High Court by the fourth-respondent in this appeal, has challenged the judgment of the Division Bench of the Orissa High Court dated 4.9.98 in OJC No.3652 of 1996 wherein the Order dated 23.3.96 passed by the Second Respondent herein according approval insofar as it related to the appellant in the category of non-teaching staff as Junior Clerk-cum-Typist in Anchalika Mahavidyalaya Jagannath Prasad, Distt. Ganjam, came to be set aside.

2. The relevant and necessary facts for appreciating the respective claims of the parties before us are that the appellant herein was appointed as Upper Division Clerk in the college with effect from 8.9.90 and joined service on 8.9.90. Since the college, as part of its own staff pattern, had a junior clerk (the fourth-respondent herein and the writ petitioner in the High Court) and another person as Lower Division Clerk-cum-Typist for purposes of effectively manning and smooth running of the office, the appellant was stated to have been designated as Upper Division Clerk being senior among the others though i