Orissa High Court
Subhalaxmi Das vs State Of Odisha And Others .... Opposite ... on 13 November, 2024
Author: B.P. Routray
Bench: B.P. Routray
Signature Not Verified
Digitally Signed
Signed by: CHITTA RANJAN BISWAL
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 18-Nov-2024 14:52:41
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 14488 of 2021
(An application under Article 226 & 227 of the Constitution of India)
Subhalaxmi Das .... Petitioner
-versus-
State of Odisha and others .... Opposite Parties
Advocate(s) appeared in this case:-
For Petitioner : Mr. Mr.S.K.Ojha, Advocate
For Opposite Parties : Mr. G. Tripathy, AGA
CORAM: JUSTICE B.P. ROUTRAY
JUDGMENT
th
13 November 2024
B.P. Routray, J.
1. Heard Mr. Ojha, learned counsel for the Petitioner and Mr.
Tripathy, learned AGA for State - Opposite Parties.
2. The case of the Petitioner is that, she joined as LVAW in Puri
Range on 15th July 1991 and subsequently transferred to Cuttack Range
on mutual representation with effect from 4th July 2001 with condition
to count her seniority in Cuttack Range from the date of her joining.
Signed by: CHITTA RANJAN BISWAL
Location: Orissa High Court, Cuttack
Date: 18-Nov-2024 14:52:41
3. Subsequently the promotion for Assistant Agriculture Officer
(AAO) was taken up in the State cadre, wherein 5% of the posts were
reserved for promotion from the post of VAW/LVAW/AO. It needs to
be mentioned here that the Petitioner was promoted to the post of
Agriculture Overseer (A.O.) on 6th January 2021.
4. The Departmental Promotion Committee (DPC) while
considering promotion for the post of AAO short-listed fifteen
candidates within the zone of consideration where the name of the
Petitioner finds place at serial no.15. Prior to that, a State level
gradation list was prepared in respect of VAW/LVAW as per
Annexure-D/2 appended to the counter. The said gradation list was
finalized on 18th April 2018 and considered the seniority upto
September 2016, where the name of the Petitioner finds place at serial
No.499. Thus, in the State wise gradation list dated 18th April 2018, the
placement of the Petitioner as per the seniority is at serial No. 499.
This placement of the Petitioner in the State wise gradation list
(Annexure-D/2) was never challenged by the Petitioner. In the DPC
meeting dated 22nd February 2021, the seniority of the Petitioner was
considered as same as placed in the gradation list i.e. at serial no.499.
The DPC upon consideration of the performance of the candidates gave
promotion on the principle of merit and suitability with due regard to
seniority, in favour of the candidates placed at serial no.1 to 7 in the
DPC minutes (Annexure-8), who are admittedly placed above the
Petitioners in the gradation list as per Annexure-D/2.
5. Since the Petitioner failed to be promoted to the post of Assistant
Agriculture Officer, she now questions the entire proceeding of the
Signed by: CHITTA RANJAN BISWAL
Location: Orissa High Court, Cuttack
Date: 18-Nov-2024 14:52:41
DPC not giving her promotion and prayed to promote her to the post of
AAO from the date others were given promotion as per the DPC
proceedings and the promotional order dated 24th March 2021 under
Annexure-10.
6. Mr. Ojha, learned counsel for the Petitioner submits that though
it is true that the Petitioner has forgone her seniority in the Cuttack
Range and accepted to be at the bottom of the seniority in the Cuttack
Range on the date of her joining i.e. 4th July 2001, but she had never
forgone for seniority in the State cadre. Her seniority in respect of the
State as a VAW/LVAW remained from 1991 when she joined initially
in the post and therefore, ignoring her case for promotion to the post of
AAO, which is a State cadre service, is illegal.
7. It is true that the Petitioner has lost her seniority in respect of
the Cuttack Range upon her joining there on mutual basis. She joined
at Cuttack Range on 4th July 2001 and therefore her seniority at the
bottom of the list of Cuttack Range is maintained as such. The initial
date of joining of the Petitioner on 15th July 1991 as LVAW is not
disputed. Nonetheless, the Director of Agriculture and Food
Production, Odisha prepared the gradation list of VAW/LVAW State
wise under Annexure- D/2 on 18th April 2018, where the Petitioner was
placed at serial no.499 taking into account her joining at Cuttack Range
(Inter District Transfer). The preparation of the seniority in the
gradation list was never challenged or questioned by the Petitioner at
any point of time. Whatever seniority graded to her as per the gradation
list under Annexure-D/2 remains undisputed, and the DPC proceeded
according to the seniority prescribed in the gradation list.
Signed by: CHITTA RANJAN BISWAL
Location: Orissa High Court, Cuttack
Date: 18-Nov-2024 14:52:41
8. Mr. Ojha, learned counsel for the Petitioner further submits that
seniority by way of placement in the gradation list is different from the
seniority in service. As in the present case, the Petitioner has her
seniority from 1991 in service, though from 2001 in respect of Cuttack
Range only.
9. In Union of India and others vrs. C.N. Poonappan, (1996) 1
SCC 524, Hon'ble Supreme Court have explained as follows:-
"4. The service rendered by an employee at the place
from where he was transferred on compassionate grounds is
regular service. It is no different from the service rendered at
the place where he is transferred. Both the periods are taken
into account for the purpose of leave and retiral benefits. The
fact that as a result of transfer he is placed at the bottom of
the seniority list at the place of transfer does not wipe out his
service at the place from where he was transferred. The said
service, being regular service in the grade, has to be taken
into account as part of his experience for the purpose of
eligibility for promotion and it cannot be ignored only on the
ground that it was not rendered at the place where he has
been transferred. In our opinion, the Tribunal has rightly held
that the service held at the place from where the employee
has been transferred has to be counted as experience for the
purpose of eligibility for promotion at the place where he has
been transferred."
10. Further, in M.M. Thomas and others vrs. Union of India and
others, (2018) 1 SCC (L&S) 96, the Supreme Court relying on C.N.
Poonappan (supra) and Scientific Advisor to Raksha Mantri vrs. V.M.
Joseph, (1998) 5 SCC 305, have stated "that the length of service
rendered on an equivalent post in another organization before the
transfer counts, for determining the eligibility for promotion though
such service may not count for seniority".
Signed by: CHITTA RANJAN BISWAL
Location: Orissa High Court, Cuttack
Date: 18-Nov-2024 14:52:41
11. In the instant case, the Petitioner is found correct in his
submission that her seniority in respect of the State cadre, or in other
words her State wise seniority remains unchanged even after her
transfer on mutual basis to Cuttack Range. But at the same time the
determination of seniority of the Petitioner as per the gradation list
remains undisputed and such determination of seniority of the
Petitioner in the gradation list is meant for all purposes including
promotion to the higher post. The fixation of such seniority inter se the
VAW/LVAW in the state counted their seniority in respective ranges
also. Therefore, it is not that the range wise seniority has been
completely ignored, which would have otherwise created anomaly in
fixation of inter se seniority state-wise, in preparing the gradation list
under Annexure D/2. Moreover, when the position of the Petitioner in
the admitted gradation list is below such candidates, who got
promotion as per the promotion order under Annexure-10, she cannot
make out a case in her favour to be considered for promotion by
counting her seniority more than she had as per the gradation list under
Annexure-D/2. Thus, in absence of challenge by the Petitioner to her
placement in the gradation list determining her position in State-wise
service, the writ petition fails and accordingly the prayer of the
Petitioner is rejected.
12. The writ petition is dismissed
(B.P. Routray)
Judge
C.R. Biswal, A.R-Cum-Sr. Secretary.
