Sukanta Kumar Behera vs State Of Odisha & Ors
2021 Latest Caselaw 12663 Ori

                                    1




       IN THE HIGH COURT OF ORISSA AT CUTTACK
                     W.P.(C) No. 38458 of 2021

Sukanta Kumar Behera                    .....                   Petitioners

                                                Mr. S.S. Pratap, Advocate
                              Vs.
State of Odisha & Ors.                  .....              Opposite parties

                                                           State Counsel

            CORAM:
               DR. JUSTICE B.R. SARANGI

                                         ORDER

09.12.2021

W.P.(C) No.38458 of 2021 And I.A. No.17888 of 2021

Order No. This matter is taken up through hybrid mode.

2. Heard Mr. S.S. Pratap, learned counsel for the petitioner.

3. The petitioner has filed this writ petition seeking to quash the common gradation list of Establishment Officers dated 23.11.2021 under Annexure-1, wherein the petitioner has been placed at Sl. No.105 and he further seeks direction to the opposite parties to re-fix his seniority in appropriate place at Sl. No.41, i.e. below the recruitees of the year 1985 instead of below the recruitees of the year 1986 to 1990 by adhering Rule 13,

15 of OCS (RA) Rules, 1990 and G.A. Department Resolution dated 09.09.2021 with all consequential benefits.

4. Mr. S.S. Pratap, learned counsel for the petitioner contended that the question of fixation of seniority remains no more res integra in view of judgment of the apex Court in K. Meghachandra Singh v. Ningam Siro (Civil Appeal No.8833-8835 of 2019, arising out of SLP(C) Nos.19565-19567 of 2019, disposed of on 19.11.2019). It is further contended that relying upon the said judgment, Government of Odisha, G.A. Department passed the resolution on 09.09.2021, wherein Clause-4 states that the inter-se-seniority of the employees appointed under Rehabilitation Assistance Rules in a calendar year shall be fixed below the persons recruited and appointed in that grade or cadre in that particular year. Thereby, it is contended that since the petitioner has been appointed in 1985, his seniority should have fixed below the persons recruited and appointed in 1985, i.e. at Sl. No.41 instead of placing him at Sl. No.105.

5. Issue notice to the opposite parties both in main case and interlocutory application.

6. Four extra copies of the writ petition be served within three days on learned Additional Government Advocate, as he appears for opposite parties no.1 to 4 to

enable him to obtain instruction or file counter affidavit.

7. Requisites for issuance of notice to opposite parties no.5 to 67 by Registered Post with A.D shall be filed within seven days. Office shall send notice to the said opposite parties fixing a short returnable date.

Alok                                  (DR. B.R. SARANGI, J.)