JUDGMENT :

B.N. Mahapatra, J. - Challenge, in this Writ Petition, is made to the Order Dated 03.01.2006 passed in O.A. No. 1135 of 1996 under Annexure-1 by Orissa Administrative Tribunal, Bhubaneswar Bench, Bhubaneswar (hereinafter referred to as 'the Tribunal') by which the termination of service of the Opposite Party has been struck down being not in accordance with the rules.

2. The factual background in a nut shell is that the Opposite Party Sri Siba Prasad Swain was appointed as Junior Clerk on ad hoc basis for 89 days under Office Order Dated 10.09.1991 (Annexure-2) issued by the Chief Engineer, Designs, Irrigation, Orissa, Bhubaneswar (Petitioner No. 2). Sri Swain joined the said post on 25.09.1991. While working as such on ad hoc basis, the Opposite Party made a representation to Petitioner No. 2 for his appointment as Assistant Embankment Inspector. As there was vacancy in the said post, the Opposite Party was given appointment as Assistant Embankment Inspector under Order Dated 25.10.1991 (Annexure-3). The Opposite Party joined the said post on 28.10.1991. Subsequently, the Government in Water Resources Department issued Order No. 29508 dated 04.11.1991 (Annexure-4) for ter