K. Rajani Kumar & Others vs State Of Odisha & Others
2022 Latest Caselaw 2006 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                W.P.C. (OA) No.1958 of 2014

                 K. Rajani Kumar & Others              ....          Petitioners
                                      Mr. Chandra Sekhar Panda, Advocate on
                               behalf of Mr. Surya Narayan Pattnaik, Advocate
                                            -versus-
                 State of Odisha & Others              ....     Opposite Parties
                                          Mr. R.C. Pattnaik, Standing Counsel
                                                for School and Mass Education


                           CORAM:
                           JUSTICE M.S. RAMAN
                                          ORDER

Order No. 29.03.2022

01. 1. This matter is taken up through virtual/physical mode.

2. The Original Application No. 1958(C) of 2014 was filed before the Odisha Administrative Tribunal, Bhubaneswar. After its abolition, the same has been transferred to this Court which is renumbered as WPC (OA) No. 1958 of 2014.

3. The Petitioners with reference to the Odisha Elementary Education (Method of Recruitment and Conditions of Service of Teachers and Officers) Amendment Rules, 2014, submits that a new Clause has been inserted after sub-clause (ii) of Clause (d) of sub-rule (i) of Rule-15, with effect from the date of publication of said Amendment Rules, i.e., 2nd July, 2014.

4. Learned counsel for the Petitioners argued that these rules have no retrospective effect. He has been working as Assistant Teacher in the rank of Level-V from the date of entry in the Government service, i.e., 29th July, 1997. His seniority ought to be in consonance with Rule-15 of Odisha // 2 //

Elementary Education (Method of Recruitment and Conditions of Service of Teachers and Officers) Amendment Rules, 1997 as it stood prior to amendment.

5. Learned counsel for the Petitioners seeks short adjournment to submit copies of certain judgments which he wishes to rely upon.

6. Accordingly, matter stands adjourned to one week after.

(M.S. Raman) Judge

Laxmikant