JUDGMENT :

DR. B.R.SARANGI, J.

1. The petitioner, while working as Accounts Assistant on NMR basis under opposite party no.1-Orissa Industrial Infrastructure Development Corporation (for short “Corporation”), was regularized as such on 30.04.1985 with effect from 26.04.1985. While continuing as such, he was transferred to Bolangir in the month of February, 1990. In the meantime, the post of Accountant fell vacant in the Bolangir Division Office, consequent upon disengagement of one Kamalendhu Dash, who was a retired person. Opposite party no.2 vide office order dated 07.02.1990 directed the petitioner to officiate against the said post. Since then, the petitioner had been officiating against the said post and discharging his duty as an Accountant. But, instead of officiating pay, as prescribed under Rule-85 of Orissa Service Code, he was given Rs.50/- per month towards officiating allowance w.e.f. 01.04.1991. Though the petitioner was eligible to get promotion to the said post on substantive basis against the existence of clear vacancy, he was not considered for the said post nor was he granted such benefit. The petitioner then filed representations before opposite party no.1 to consider his case for promotion to the post of Accountant taking into account the experience he had gained by officiating in the said post. Opposite party no.1, on consideration of representations, communicated by letter dated 12.12.1991 to the petitioner that the vacancy position in the cadre of Accountant was not determined and that his case would be taken into consideration as and when vacancy arose subject to seniority.

2. The petitioner again ventilated his grievance through opposite party no.2-General Manager, IDCO, Bolangir by means of representation dated 29.09.1992, which was forwarded to the Chief General Manager, (P & A) IDCO by letter dated 13.10.1992 to take appropriate action. When no action was taken, the petitioner filed another representation on 17.03.1993, for consideration of his case for promotion to the rank of Accountant, which was also forwarded by opposite party no.2 on 28.05.1993 to the Chief General Manager (PH), IDCO. Although continuance of the petitioner against the post of Accountant was allowed on 06.10.1994, opposite party no.2 on 01.11.1994 relinquished him from the said charge and permitted one B.P. Nanda, Cashier, who was junior to the petitioner, to discharge the duties of both the Accountant in-charge and Cashier. Ultimately, by order dated 23.06.1998, the petitioner was given promotion to the post of Accountant with effect from 03.12.1997 in the scale of pay of Rs.1400-40-1600-50-2300-E.B.-60-2600/-. Thereafter, he was promoted to the post of Assistant Manager (Finance) pursuant to order dated 05.12.2011. The claim of the petitioner that he is entitled to get promotion to the post of Accountant and salary in the scale of pay admissible to the said post w.e.f. 26.04.1990, as well as the officiating pay for the period from 07.02.1990 to 01.11.1994 against the post of Accountant, having been denied, he has filed this application.

3. Mr. K.K. Swain, learned counsel for the petitioner urged before this Court that since the petitioner was discharging the duty of an Accountant on officiating basis for the period from 07.02.1990 to 01.11.1994, he is entitled to get the scale of pay admissible to the said post in view of Rule-85 of the Orissa Service Code and judgments of the apex Court in Selvaraj v. Lt. Governor of Island, Port Blair and Ors, AIR 1999 SC 838 : (1998) 4 SCC 291 and Dillip Kumar Sahoo and Ors v. State of Orissa and Ors, 2008 (I) OLR 162. Following the above two judgments, this Court in W.P.(C) No.456/2013 (Purna Chandra Chand v. State of Odisha and others) disposed of on 24.04.2013 granted Headmaster’s scale of pay to the petitioner therein while officiating as Headmaster in charge. Apart from the same, it is urged that as a regular vacancy in the post of Accountant was available w.e.f. 26.04.1990, the petition