JUDGMENT

J. P. MISRA, J. — Subash Chandra Routray and Ajay Kumar Nayak call in question Annexure-1 (WP (C) No.9397/04) and Annexure-8 (WP (C) No.10342/04) wherein they have been demoted to the post of Kantawala from the appointed/engaged post of Sales Assistant-cum-Godown Assistant (hereinafter referred to as “S.A.- cum-G.A.”) with the direction for recovery of financial benefit by their authority (opp.Party No.1). In addition, regularization of the post of Kantawala in respect of Ajaya Kumar Nayak also has been struck off.

2. Briefly stated, Subash Chandra Routray (WP (C) No.9397/04) was temporarily appointed (Annexure-2) on ad hocbasis for 44 days as Helper-cum-Kantawala by opp.Party No.1 by order dated 23.5.1988 and he joined on 26.5.1988 before the opp.Party No.2 and is working till today. As per the relaxation of Orissa State Civil Supplies Corporation Employees Service Rules, 1993 (hereinafter referred to “the Rules, 1993”), he became eligible for the post of S.A.-cum-G.A. and, accordingly, he was appointed in the same post by the order dated, 11.12.1995 (Annexure-5). The copy of the order of appointment issued by opp.party No.2 was communicated to the Sub-Collector, Panposh,