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HIGH COURT OF ORISSA
R. N. Misra And B. K. Ray, JJ.
M. K. RAGHAVAN - Appellant
Versus
MUNICIPAL COUNCIL - Respondent
Original Jrdn. Case 436 Of 1970
Decided On : OCTOBER 24, 1972
ESTOPPEL - MUNICIPAL COUNCIL - APPOINTMENT OF OVERSER - QUALIFICATION - TERMINATION OF SERVICE - ESTOPPEL AGAINST STATUTE - DOCTRINE OF ESTOPPEL - APPLICATION IN APPROPRIATE CASES - EQUITY AGAINST REPRESENTING AUTHORITY - EXTENDED DOCTRINE OF ESTOPPEL - ADMISSION OF ADVERSARY - BEST PIECE OF EVIDENCE - SERVICE CODE - APPLICABILITY TO MUNICIPAL COUNCIL.
Fact of the Case:
The petitioner, an overseer appointed by the Jharsuguda Municipal Council, challenged the termination of his service on the ground that he was not qualified as per the Municipal Rules. The petitioner had been serving the Council for nine years and had received a satisfactory performance evaluation. However, the termination was ordered based on a directive from the Inspector of Local Works and Superintending Engineer, who found the petitioner to be unqualified.
Finding of the Court:
The court held that the opposite parties were estopped from disputing the petitioner's qualification. The court relied on the petitioner's long service, the admission of the Inspector of Local Works and Superintending Engineer in an inspection report that the petitioner was duly qualified, and the fact that similar persons were employed by the Government. The court also held that the termination of service was not a simple termination but was based on the stated ground of want of adequate qualification, which was a stigma.
Issues: 1. Whether the opposite parties were estopped from disputing the petitioner's qualification. 2. Whether the termination of service was valid.
Ratio Decidendi: 1. The court applied the doctrine of estoppel to bar the opposite parties from disputing the petitioner's qualification. The court held that the petitioner had changed his position to such an extent that he could not now be subjected to the impugned situation. The court also relied on the admission of the Inspector of Local Works and Superintending Engineer in an inspection report that the petitioner was duly qualified. 2. The court held that the termination of service was not a simple termination but was based on the stated ground of want of adequate qualification, which was a stigma. The court held that the termination was not valid.
Final Decision: The court quashed the order of termination of service, allowed the writ application, and directed that the petitioner be restored to service and be deemed to have been always in service notwithstanding the impugned order.
R. N. MISRA, J.
( 1 ) THE petitioner claims to have passed the final examination in Civil Engineering from the Institute of Engineering Technology at Kum-banad in the State of Tamil nadu in 1956. Between May 1956 and May, 1959, he served as Overseer under the Collector of Puri and thereafter for six months he served under the Board of revenue. By order dated 1-4-1961, the Jharsuguda Municipal Council (Opposite party No. 1) appointed him as an Overseer. His order of appointment ran thus:-
" shri M. K. Raghavan, at present resident of Jharsuguda is appointed as overseer (Civil) of Jharsueuda Municipality in the scale of Pay of Rs. 110-5-150-EB-8-190 EB-10/2-250/ with usual dearness allowance of Rs. 7. 50 n. p. The appointment is purely temporary and terminable at any time without any notice. The appointment is subject to production of fitness certificate from Asst. Surgeon, Government Hospital, Jharsuguda; verification of antecedents and character. "
( 2 ) IN April 1961, the Executive Officer of the Municipal Council wrote to the Deputy commissoner of Sambalpur pleading for sanction of permanent post of Overseer and mentioned about the petitioner's appointment. On 16th September, 1967, the director of Urban Local Bodies communicated sanction under Section 75 (11 of the orissa Municipal Act to the creation of a permanent post of overseer from the date the post had actually been filled up. In the mean time, the Superintending engineer, Northern Circle of the Public Works Department who happens to be the inspector of Local Works so far as Jharsuguda Municipality is concerned, in his inspection report made for the year 1964-65 dealing with the petitioner stated:
"there is no Municipal engineer in this Municipality. Sri M. K. Raghavan (petitioner ). Municipal Overseer is practically functioning for all technical affairs of the Municipality. He is in charge of execution of all works under the Municipality. He took over charge of the Municipality from 1-4-1961. The Overseer is a qualified one under rules, and gained sufficient experience under the Municipality by executing various types of works for the last four years. " in April. 1969 the Inspector of Local Works and Superintending Engineer wrote to the Executive Officer of opposite party No. 1:-"the objection raised by the Audit Officer is genuine. The certificate is not equivalent to the Diploma Course of three years' theory and year's practical in Civil Engineering. Hence the service of unqualified Overseer Sri M. K. Raghavan may be terminated with due notice. " the State Government in Urban Development wrote to the said Executive Officer on 22-8-1969 saying: "in inviting a reference to the letter No. 5997 dated 8-4-1969 from the inspector of Local Works and Superintending Engineer. Northern Circle on the aforesaid subject (clarification regarding qualification of the overseer of the Jharsusuda Municipality) I am directed to request that in view of the clarification given therein, necessary action may please be taken immediately. "
The petitioner contended that he had the requisite qualification and attempted to support his stand by producing the certificate obtained by him in 1956. In January, 1970 the Chairman of the Council called upon him to substantiate his stand by proof. The petitioner furnished a detailed explanation and indicated in his letter of 20-2-1970 that four other persons with the qualification of the petitioner were serving under the State Government in corresponding or higher posts. Thus came the impugned order dated 27-4-1970 saving: "the services of Sri M. K. Raghavan, Overseer are terminated from the date of receipt of this order as he is not qualified as pointed out by the superintending Engineer P. W. D. (N. C.), Sambalpur and Inspector of local works vide his letter No. 2-3 WA-7-69-5997 dt. 1969," the petitioner, challenges the aforesaid order of termination as illegal and not sustainable.
( 3 ) THE Municipal Council alone has made a return to the rule nisi
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