Birajini Padhi And Another vs State Of Orissa And Others
2021 Latest Caselaw 11352 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                         WPC (OAC) No. 3852 of 2000

            Birajini Padhi and another          ....                              Petitioners
                                                  M/s V. Narasingh and associates, Adv.
                                                 -Versus -
            State of Orissa and others          ....                     Opposite Parties
                                                                         State Counsel


                    CORAM:
                     DR. JUSTICE B.R. SARANGI
                                      ORDER

06.11.2021

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

2. Heard Mr. V. Narasingh, learned counsel for the petitioners and Mr. S. Jena, learned Standing Counsel for School and Mass Education Department.

3. The petitioners have filed this writ petition seeking direction to the opposite parties to consider their case for promotion to the rank of headmaster w.e.f. 05.07.2000, the date from which opposite parties no.5 and 6 were promoted, and grant all consequential service and financial benefit in their favour within a stipulated time.

4. Mr. V. Narasingh, learned counsel for the petitioners contended that opposite parties no. 5 and 6 are admittedly junior to the petitioners and as because they approached the tribunal by filing original applications, their cases have been considered by the authority by granting promotions to them

whereas the petitioners, who are senior to them, their cases have not been considered by the authority. Therefore, the petitioners have approached this Court by filing the present writ petition.

5. Mr. S. Jena, learned Standing Counsel for School and Mass Education Department contended that seniority would be counted from the date of acquiring B.Ed. qualification and accordingly promotions have been given taking into consideration the date of acquisition of B.Ed. qualification. He has relied upon the judgment passed by the tribunal in O.A. No.609 of 1994 disposed of on 07.11.1998, wherein it has been held that for the purpose of promotion to the post of headmaster in Govt. M.E. school and U.G.M.E. school, seniority of teachers in the feeder cadre shall be counted from the date of their appointment and not from the date of acquiring B.Ed. qualification. It is further contended that the case of the petitioner is covered by the judgment of this Court in the case of P. Bangali Patra v. State of Orissa (OJC No.13377 of 1997 disposed of on 21.09.2006)

6. Considering the contention raised by learned counsel for the parties and after going through the records, since the aforesaid question has already been decided by this Court in P. Bangali Patra v. State of Orissa (OJC No.13377 of 1997 disposed of on 21.09.2006), this writ petition stands disposed of directing the opposite parties-authority to consider the grievance of the petitioners in the light of the judgment passed by this Court in P. Bangali Patra mentioned supra and pass appropriate order in accordance with law. It is further directed that while considering the case of the petitioners, the opposite

parties-authority shall take into consideration the fact that since juniors to the petitioners like opposite parties no.5 and 6 have been given promotion, the said benefit should be given to the petitioners. Needless to say in the event promotion will be given to the petitioners from the date the opposite parties no.5 and 6 were promoted, then in that case, opposite parties- authority are directed to calculate the retiral benefits of the petitioners and pay the same to the petitioners in accordance with law. The entire exercise shall be completed within a period of three months from the date of communication of this order.

Ashok                                               (Dr. B.R. Sarangi)
                                                         Judge