Nishikant Tete vs State Of Odisha And Others
2021 Latest Caselaw 11609 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             W.P.(C) No. 33702 of 2021
                                       And
                              I.A. No. 15564 of 2021

            Nishikant Tete                        ....                                  Petitioner
                                                                        Mr. G.R. Sethi, Adv.
                                                   -Versus -
            State of Odisha and others            ....                        Opposite Parties




                    CORAM:
                     DR. JUSTICE B.R. SARANGI
                                        ORDER

12.11.2021

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

2. The petitioner has filed this writ petition challenging the resolution dated 09.11.2021 issued by the Government in General Administration and Public Grievance Department under Annexure-4 with regard to fixation of inter se seniority and principles made thereof.

3. Mr. G.R. Sethi, learned counsel for the petitioner contended that in view of the judgment passed by the apex Court in the case of K. Meghachandra Singh v. Nigam Siro, (2020) 5 SCC 689 disposed of on 19.11.2019 wherein it has been observed that under service jurisprudence, seniority cannot be claimed from a date the incumbent is yet to be borne in the cadre. The law on the issue is correctly declared in J.C. Pattnaik v. State of Orissa, (1998) 4 SCC 456 and consequentially disapprove the norms on assessment on inter se seniority suggested in Union of India v.

N.R. Parmar, (2012) 13 SCC 340 and accordingly the decision in N.R. Parmar is overruled. It is further clarified that the decision will not affect the inter se seniority already based on N.R. Parmar and the same is protected and the decision will apply prospectively except where seniority is to be fixed under the relevant rules from the date of vacancy/the date of advertisement. It is contended that since the inter se seniority has been determined in N.R. Parmar mentioned supra and that has been protected by the apex Court and therefore after delivery of the judgment, the inter se seniority has to be determined in accordance with the direction given by the apex Court and the seniority already fixed pursuant to judgment of the apex Court in K. Meghachandra Singh has to be protected. But in paragraph-7 of the resolution dated 09.11.2021 it has been stated that the promotions already allowed after 19.11.2019, i.e., the date of judgment in K. Meghachandra Singh case till date (publication of this resolution) on the basis of the already prepared final gradation list need not be reviewed again since protected. It is contended that clause-7 of the resolution runs contrary to the judgment passed by the apex Court and therefore the petitioner has approached this Court by filing the present writ petition.

4. Issue notice to the opposite parties in the main case as well as in the interlocutory application.

5. Four extra copies of the writ petition be served on learned State Counsel appearing for opposite parties no.1 to 4 within three days enabling him to obtain instructions or file counter affidavit.

6. List on 07.12.2021.

Ashok                                                   (Dr. B.R. Sarangi)
                                                             Judge