Orissa High Court
Dr. Sarbajit Das vs State Of Odisha And Ors on 29 August, 2022
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.20855 of 2022
Dr. SArbajit Das .... Petitioner
Dr. Purusottam Chuli, Adv.
-versus-
State of Odisha and Ors. .... Opposite Parties
Mr. D. Munda, AGA
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order ORDER
No. 29.08.2022
01. 1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. The Petitioner, in this Writ Petition, challenges the
Officer Order No.495/CAST/22 dated 17.06.2022 issued by
the Opposite Party No.4/ Principal-cum-Secretary,
College of Arts, Science and Technology, Bondomunda,
in the district of Sundargarh, fixing the seniority of the
Lecturers of the English Department on the basis of date
of birth for the purpose of appointment of the Head of
Department of English. He also prays for a direction from
this Court to the Opposite Party No.4/ Principal-cum-
Secretary, College of Arts, Science and Technology,
Bondomunda, in the district of Sundargarh to fix the
seniority of the Lecturers of the English Department on
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the basis of the date of joining for the purpose of
appointment of the Head of Department of English.
4. Learned counsel for the Petitioner submits that this
Court has earlier decided the similar issue in
Kamalakanta Das Vs. State of Odisha & Ors. vide
common judgment dated 11.07.2022 passed in W.P.(C)
No.230 of 2022 and batch of cases. Hence, he submits that
this Writ Petition may be disposed of in the light of the
judgment passed in Kamalakanta Das (supra).
5. Learned Additional Government Advocate for the
State submits that he has no objection, if this matter is
disposed of in the light of the judgment passed in
Kamalakanta Das (supra).
6. On perusal of the records and the judgment passed in
the case of Kamalakanta Das (supra), it appears that
similar issue has been decided in the said judgment
which was disposed of on 11.07.2022. The ordering
portion of the said judgment is as follows.
"32. In the light of above discussions, and guided
by the precedents narrated hereinabove, this Court
hereby quashes Guidelines dated 31.08.2020 issued
by the Department of Higher Education,
Government of Odisha containing the mechanism
for fixing the seniority of teachers of non-
Government Colleges for the purpose of
appointment of Principal and HODs and directive
// 3 //
issued by the State Government whereby the inter
se seniority was to be adjudged according to the
date of birth. Consequently, the Government letter
No.17 dated 01.01.2022/ Annexure-7 issued to the
O.P. No.4 is also invalidated. It is further clarified
that all the appointments of Principal-in-Charge
made by following the Guidelines dated
31.08.2020 issued by the Department of Higher
Education, Government of Odisha be made afresh
by taking into consideration of date of entry into
service as the basis for seniority. The O.P. No.1 is
directed to come out with fresh guidelines
accommodating the principle of seniority as
enunciated by the Supreme Court of India which is
an integral part of our service jurisprudence. The
Writ Petition is accordingly allowed. No order as
to cost.
33. Accordingly, all the Writ Petitions are
disposed of."
7. In view of aforesaid common judgment passed in
W.P.(C) No.230 of 2022 and batch of cases, this Writ
Petition is disposed of.
8. Urgent certified copy of this order be granted on
proper application.
(Dr. S.K. Panigrahi)
Judge
B.Jhankar
