Orissa High Court
Nrusingha Charan Pradhan vs State Of Odisha And Another .... ... on 2 January, 2025
Author: B.P. Routray
Bench: B.P. Routray
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Designation: Secretary
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 20-Jan-2025 15:15:37
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.20425 of 2020
(In the matter of an application under Articles 226 and 227 of the
Constitution of India)
Nrusingha Charan Pradhan .... Petitioner
-versus-
State of Odisha and another .... Opposite Parties
Advocate(s) appeared in this case:-
For Petitioner : Mr. K.P. Mishra, Senior Advocate
Mr. N.K. Singh, Advocate
For Opposite Parties : Mr. G. Tripathy, A.G.A.
CORAM: JUSTICE B.P. ROUTRAY
JUDGMENT
nd
2 January 2025
B.P. Routray, J.
1. Heard Mr. K.P. Mishra, learned Senior Advocate for the
Petitioner as well as Mr. G. Tripathy, learned Additional Government
Advocate for State-Opposite Parties.
2. The subject matter of challenge in present writ petition is
challenge to the impugned order dated 12.6.2020 under Annexure-10,
wherein the prayer of the Petitioner to fix his seniority above his
Signed by: BASANTA KUMAR BARIK
Location: High Court of Orissa, Cuttack
Date: 20-Jan-2025 15:15:37
junior, namely, Ananta Charan Biswal in the gradation list has been
rejected on the ground that, the deemed date of joining of the Petitioner
is a matter of sub-judice in W.P.(C) No.7517 of 2017.
3. It needs to be stated here that, W.P.(C) No.7517 of 2017 is still
pending before a Division Bench of this Court.
4. The facts of the case stated in brief are that, the Petitioner
initially filed O.A. No.1709 of 1997 praying his appointment as Junior
Assistant questioning the preparation of selection list pursuant to the
recruitment held by the O.P.S.C. on 28th June 1987 for the purpose of
Junior Assistant in Odisha Secretariat Service. Said Original
Application filed by the Petitioner was disposed of in terms of the
principles and directions issued in a similar O.A. filed by another
applicant, namely Arati Nanda in Original Application No.1973 of
1995. Order dated 8.1.1998 passed in O.A. No.1709 of 1997 reads as
under:-
"Heard. Principle has already been decided in the decision
reported in 1997(2) ATT (Ori.) 48 (Arati Nanda vrs State of
Orissa) decided on 12.8.1996. I direct the Respondents to
apply the principle to the facts of this case and consider the
question of appointment of the applicant accordingly. xx .. ..
Signed by: BASANTA KUMAR BARIK
Location: High Court of Orissa, Cuttack
Date: 20-Jan-2025 15:15:37
.. xx .. Original Application is allowed to the extent indicated
above. No costs."
5. The operative portion of the case of Arati Nanda speaking the
principle is as follows:-
"10. xxx .. .. xxx .. .. In such circumstance, it is not possible
to give direction to State Government to appoint her as a
Junior Clerk. However, Respondent is given direction to
appoint applicant if a vacancy is available. If no vacancy is
available, the same has to be created to give appointment to
the applicant. She will have to wait for the same. No sooner
applicant is given appointment, she will get her position in
seniority just above the person appointed below her in the
merit list. For all purposes that would be the date of her
appointment. But she will not be entitled to any salary or
other benefit of service except that the period will be
considered for her experience and qualifying service for
purpose of pension. She will not get benefits of earned leave
or increments for the period. But in case she is entitled to the
same or higher salary in the scale as per service rules, the
same shall be notionally fixed. xxx .. .. xxx .. .."
6. However, challenging the decision in Arati Nanda, the State
preferred writ petition and then approached the Hon'ble Supreme
Court. Finally, SLP (C) No.12730 of 2011 filed before the Hon'ble
Supreme Court was dismissed vide order dated 11.04.2014.
Consequently, the Petitioner was given actual appointment on
Signed by: BASANTA KUMAR BARIK
Location: High Court of Orissa, Cuttack
Date: 20-Jan-2025 15:15:37
02.01.2015 vide Annexure-4. After his appointment, the Petitioner
raised his case for promotion to the post of Senior Assistant and then
Section Officer fixing his place in the gradation list above such person
placed below to him in the merit list as per the selection list prepared in
1988. He then filed O.A. No.1074 of 2015 with prayers that; (i) to
antedate his date of appointment in the grade of Junior Assistant from
the date of appointment of private respondent No.4 namely Ananta
Charan Biswal i.e. 7.11.1994, (ii) promote him to the cadre of Senior
Assistant from the date private respondent No.4 got such promotion i.e.
25.8.1998, (iii) thereafter to the rank of Section Officer w.e.f. 8.2.2014
the date from which said respondent No.4 was so promoted with all
service and financial benefits, (iv) for a direction to respondents to
insert his name above the name of respondent No.4 in the gradation list
at Annexure-6, and (v) to fix his pay and annual increments and also
extend all financial benefits.
7. Learned Tribunal disposed of O.A. No.1074 of 2015 along with
connected Original Application refusing to grant the benefit of
promotion in favour of the Petitioner, vide its judgment dated
01.03.2017 (Annexure-D/1). Said judgment dated 01.03.2017 passed in
O.A. No.1074 of 2015 has been challenged before this Court in
Signed by: BASANTA KUMAR BARIK
Location: High Court of Orissa, Cuttack
Date: 20-Jan-2025 15:15:37
W.P.(C) No.7517 of 2017, and as stated above the said writ petition is
still pending.
8. In the meantime, the Petitioner filed W.P.(C) No.18899 of 2019
praying to treat his date of appointment above one Ananta Charan
Biswal as per 1988 select list and to treat his seniority accordingly.
This Court vide order dated 17.02.2020 disposed of W.P.(C) No.18899
of 2019 directing the Opposite Parties to consider the grievance of the
Petitioner made in that writ petition treating the same as a
representation. The authorities accordingly have passed the impugned
order dated 12.6.2020 under Annexure-10 which is challenged in the
present writ petition.
9. It is seen from the order dated 21.08.2023 by a coordinate Bench
of this Court that, present writ petition needs to be heard after disposal
of W.P.(C) No.7517 of 2017 and directed for listing of the matter
before the assigned Bench. But the Division Bench of this Court
subsequently in order dated 29.11.2023 has observed to list W.P.(C)
No.7517 of 2017 after disposal of the present writ petition.
10. Mr. K.P. Mishra, learned Senior Counsel for the Petitioner
submits that, the Petitioner has been fixed between two separate
Signed by: BASANTA KUMAR BARIK
Location: High Court of Orissa, Cuttack
Date: 20-Jan-2025 15:15:37
directions of this Court passed by two Benches, whereas the limited
prayer of the Petitioner in the present writ petition is to place his
seniority in terms of the principles decided in the case of Arati Nanda
as per the direction passed by the learned Tribunal in O.A. No.1709 of
1997. Mr. Mishra further submits that, since the directions passed in
said Original Application disposing of the same on the principles
decided in Arati Nanda's case, which has ultimately been confirmed by
the Hon'ble Supreme Court, it is imperative on the part of the
authorities to place the seniority of the Petitioner above Ananta Charan
Biswal accepting his date of appointment as per 1988 merit list.
He further contends that, the question of promotion of the
Petitioner to such higher posts in the hierarchy would be a matter of
adjudication in W.P.(C) No.7517 of 2017 and therefore, the Court
should not be confused with the pendency of W.P.(C) No.7517 of
2017.
11. Mr. G. Tripathy, learned Additional Government Advocate for
the State-Opposite Parties on the other hand submits that, since the
State has treated the appointment of the Petitioner from the date from
which he was given actual appointment, neither the question of
promotion nor his actual seniority could be counted as per the merit list
Signed by: BASANTA KUMAR BARIK
Location: High Court of Orissa, Cuttack
Date: 20-Jan-2025 15:15:37
of 1988. He further contends that, in the meantime the posts of Junior
Assistants have been re-designated as Asst. Section Officer and the
consequent rules governing the field have been repealed, so the prayer
of the Petitioner to antedate his date of appointment is without merit.
12. Having considered the rival contentions advanced by both the
parties, it needs to be looked into the order of the learned Tribunal
dated 01.03.2017 wherein the Petitioner's prayer for promotion and
appointment date has been dealt with.
13. The prayer of the Petitioner made in O.A. No.1074 of 2015 has
already mentioned above. The learned Tribunal in its operative portion
at paragraph 14 of the judgment dated 01.03.2017 has answered the
same stating that, on a plain reading of that decision it is clear that their
notional date of joining entitles them to treat the period from which the
juniors in 1988 list joined till their actual date of joining, to be treated
as qualifying service for pension. Therefore, it is clear from the above
expression of learned Tribunal that the prayer of the Petitioner to fix
his date of appointment from 1988 has been accepted by learned
Tribunal. However, the learned Tribunal has refused to treat such
deemed date of appointment of the Petitioner from 1988, for the
purpose of promotion. This Court is not concerned with the question of
Signed by: BASANTA KUMAR BARIK
Location: High Court of Orissa, Cuttack
Date: 20-Jan-2025 15:15:37
promotion of the Petitioner in the present writ petition, which is the
subject matter of adjudication in W.P.(C) No.7517 of 2017.
14. It is true that, the principles decided in the case of Arati Nanda
has been confirmed by the apex Court and has already been
implemented by Opposite Parties. So, there cannot be any quarrel on
the question of the principles decided in Arati Nanda's case to apply in
the case of present Petitioner. Therefore, in terms of the direction of the
learned Tribunal dated 8.1.1998 (Annexure-2), the Petitioner has to be
given his position in seniority just above the person (Ananta Charan
Biswal) appointed below him in the merit list. Here it needs to be
stated that, the undisputed position of the Petitioner in the merit list is
787. So as per the principles decided in Arati Nanda's case, said date is
to be the appointment of the Petitioner for all purposes, except for
financial and other benefits of service, in terms of the principles
decided in Arati Nanda's case. It is also seen from the direction in
Arati Nanda's case that the period from such date of appointment will
be considered for the purpose of experience and qualifying service for
pensionary benefits.
Signed by: BASANTA KUMAR BARIK
Location: High Court of Orissa, Cuttack
Date: 20-Jan-2025 15:15:37
15. Thus it is seen from the above principles decided in Arati
Nanda's case that there cannot be any doubt to count the date of
appointment of the Petitioner from the date of appointment of Ananta
Charan Biswal for experience and qualifying service for the purpose of
pension and for the same, the authorities has to act for granting him
pensionary benefits as per OCS Pension Rules and Old General
Provident Fund (Odisha) Rules 1938.
16. Accordingly, the writ petition is allowed with a direction to fix
the date of appointment of the Petitioner in the select list above Ananta
Charan Biswal (Opposite Party No.4) for such purpose of experience
and qualifying service for pension and other retiral benefits, within a
period of three months from the date of receipt of a certified copy of
this order.
(B.P. Routray)
Judge
B.K. Barik/Secretary
