Orissa High Court
Pranab Kumar Panda And Others vs E. China Babu And Others on 20 February, 2025
Bench: Arindam Sinha, M.S. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.A. No.3175 of 2024
Pranab Kumar Panda and others .... Appellants
Represented By Adv. -
Mr. B. Routray, Sr. Advocate
-versus-
E. China Babu and others .... Respondents
Represented By Adv. -
Mrs. M. Panda, Advocate for
respondent no.1
Mr. A.N. Pattanayak, Advocate
for respondent no.2
Mr. P.K. Nanda, Advocate for
respondent no.3
W.A. No.3172 of 2024
Susil Kumar Pattanaik and others .... Appellants
Represented By Adv. -
Mr. P.K. Rath, Sr. Advocate
-versus-
E. China Babu and others .... Respondents
Represented By Adv. -
Mrs. M. Panda, Advocate for
respondent no.1
Mr. A.N. Pattanayak, Advocate
for respondent no.2
Mr. P.K. Nanda for respondent
no.3
Page 1 of 6
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W.A. No.3170 of 2024
Sabitri Patra .... Appellant
Represented By Adv. -
Mr. S. Rath, Advocate
Mr. U.K. Samal, Advocate
-versus-
Odisha Legislative Assembly .... Respondents
(OLA) and others
Represented By Adv. -
Mr. P.K. Nanda for respondent
no.1
Mr. A.N. Pattanayak, Advocate
for respondent no.15
Mrs. M. Panda, advocate for
respondent no.16
CORAM:
THE HON'BLE MR. JUSTICE ARINDAM SINHA,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE M.S. SAHOO
ORDER
20.02.2025
I.A. no.8296 of 2024 (W.A. no.3175 of 2024) and
I.A. no.8295 of 2024 (W.A. no.3172 of 2024)
Order No.
01. 1. Mr. Routray, learned senior advocate appears on behalf of
appellant in W.A. no.3175 of 2024 and Mr. Rath, learned senior
advocate in W.A. no.3172 of 2024. Submission on behalf of appellants
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is, the gradation list has been interfered with by the learned single
Judge on impugned judgment dated 28th October, 2024. Mrs. Panda,
learned advocate appears on behalf of respondent no.1 in the appeals
W.A. nos.3175 and 3172 of 2024 and respondent no.16 in W.A.
no.3170 of 2024. Mr. Pattanayak, learned advocate appears on behalf
of respondent no.2 in the appeals W.A. nos.3175 and 3172 of 2024
and respondent no.15 in W.A. no.3170 of 2024. His client had lodged
caveat. Service has been made. Mr. Routray, Mr. Rath and Mr. S. Rath
submit appeal papers will be served by Monday. The caveat stands
discharged. Mr. Nanda, learned advocate appears on behalf of
respondent no.1 in W.A. no.3170 of 2024 and respondent no.3 in W.A.
nos.3175 and 3172 of 2024. He requires service. Mr. Routray, Mr.
Rath, and Mr. S. Rath submit, service will be affected by Monday.
2. Parties to the appeals were directly appointed on basis of the
list, dated 5th April, 1998. Appellants belong to unreserved category.
Respondent no.1 comes under SEBC category and respondent no.2
also under unreserved category.
3. Mr. Routray draws attention to minutes of DPC held on 17 th
August, 1998. He submits merit list of Junior Assistants held, inter
alia, on 5th April, 1998 stood approved. Thus, the list reflects the
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seniority. It was followed throughout till interference by the learned
single Judge.
4. He draws attention to judgment dated 10th September, 2003
delivered by a Division Bench of this Court in OJC no.8416 of 2001,
in the case of respondent no.2. It appears from the judgment, though
respondent no.2 was appointed with others following said list dated 5 th
April, 1998. Her service was subsequently terminated on 30th August,
2000 on ground that her appointment was irregular and made in
violation of Orissa Reservation of Vacancies in Post and Services (for
Scheduled Caste and Scheduled Tribes) Act, 1975 ignoring claim of
candidates, who sought selection earlier and who are senior in rank.
Her appointment was also without recommendation of the
employment exchange. Direction in the judgment was made in respect
of interim order dated 5th March, 2003, to keep one post of Junior
Assistant, advertised earlier, vacant and for said respondent to be
allowed to participate in the selection for that post or any other post in
the next recruitment.
5. Respondent no.2 will be heard on how a subsequent
appointment can relate to previous seniority claimed or had.
Appellants and respondent no.1 will be heard on their appointments in
respect of the list dated 5th April, 1998.
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6. Mr. Pattanayak submits, effect has been given to impugned
judgment and his client has been awarded seniority. Mr. Routray and
Mr. Rath submit, application has been made for amendment to bring
on record the subsequent event. The applications are allowed and to be
treated as part of the appeal papers for purpose of reliance thereon, if
felt necessary, regarding delivery of judgment.
7. List on 17th March, 2025. Direction in impugned judgment will
remain stayed till next date of hearing.
(Arindam Sinha)
Acting Chief Justice
(M.S. Sahoo)
Judge
Gs/Radha
