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Orissa High Court
Krushna Chandra Panda vs State Of Odisha & ..... Opposite Parties on 3 February, 2026
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C )No.13257 of 2022
Krushna Chandra Panda Petitioners
& Others Mr. A. Patttanaik, Adv.
-versus-
State of Odisha & ..... Opposite Parties
Others Mr. S. Das, ASC
Mr. N. Rath, Adv.
(for O.P. Nos.4 to 7)
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
03.02.2026
Order No.20
1. 1. This matter is taken up through hybrid mode.
2. Heard learned counsel appearing for the parties.
3. The present Weit Petition has been filed inter alia with
the following prayer:
Under the circumstances stated above, this
Hon'ble Court may be graciously pleased to,
Admit this writ application,
ii) Issue notice of RULE NISI as to why;
a) the Opp.party Nos.1 to 3 shall not be
directed to recast the gradation list dated
13.05.2022 under Annexure-6 by fixing the
seniority of the petitioner Nos.1 to 4 in the
cadre of Junior Typist above the name of
present Opp.party Nos.4 to 7,
b) the Opposite Parties shall not be directed
to give promotion to the petitioners to the
post of Senior Typists and their names shall
not be considered under the seniority,
c) the action of the Opp.Parties shall not be
declared as arbitrary and illegal,
And if the Opp. Party does not show cause
then the Rule be made absolute by issuing
appropriate writ/writs and any other order
as deem fit and proper for ends of justice,
And for this act of kindness, the petitioners
shall as in duty bound ever pray.
4. It is contended that the private Opp. Parties when
were placed wrongly in the Gradation list published on
10.03.2010 by the Director, Agriculture and Food
Production in the rank of Jr. Typist, the same was
assailed by some of the aggrieved persons by filing OA
No.1058 of 2010.
4.1. It is contended in the Final Gradation list so
published on 10.03.2010 under Annexure-2 series, the
date of initial appointment of the private Opp. Parties was
reflected as 14.02.1994, 18.02.1994, 25.05.1994 and
19.09.1994 respectively. It is contended that in the said
Gradation list, the private Opposite Parties were placed
accordingly, by taking their initial date of appointment as
14.02.1994, 18.02.1994, 25.05.1994 and 19.09.1994.
But vide order under Annexure-1, the Tribunal was
pleased to quash the Final Gradation list dt.10.03.2010
with the finding that initial appointment of the private
Opp. Parties cannot be taken as 14.02.1994, 18.02.1994,
25.05.1994 and 19.09.1994 as their initial appointment
is under the World Bank Funded Scheme.
4.2. The Tribunal accordingly while quashing the final
Gradation list published on 10.03.2010, directed as
follows:
xxx xxx xxx
The private respondents in the common gradation list
from he date of their initial appointment under the World
Bank Funded Scheme and the final gradation list
dtd.10.02.2010 at Annexure-5 by including the name of
the private respondents above the applicant and the order
of the Govt. dtd.10.06.2010 at Annexure-11 rejecting the
representation of the applicant for restoration of his
seniority are quashed. The private respondents shall take
their seniority in the common gradation list on the basis of
their final absorption in Govt. service and they shall be
placed at the bottom of the gradation list of Junior Typist,
which was in existence on the date of their absorption.
The entire exercise be completed within a period of six
months from the date of receipt of a copy of this order."
4.3. It is contended that order passed by the Tribunal,
was assailed by the present private Opp. parties before
this Court in W.P.(C ) No.2197 of 2013. This Court vide
order dt.02.03.2021 under Annexure-5, while dismissing
the Writ Petition upheld the order passed by the
Tribunal. However, on the face of the order passed by the
Tribunal so affirmed by this Court vide order under
Annexure-5, in the Final Gradation list published on
13.05.2022 under Annexure-7, date of initial
appointment of the Private Opp. Parties once again has
been indicated as 14.02.1994, 18.02.1994, 25.05.1994
and 19.09.1994 vide Sl. Nos.7 to 10.
4.4. It is contended that since such initial date of
appointment reflected in the Final Gradation list
dt.10.03.2010 was quashed by the Tribunal vide its order
under Annexure-4, so upheld by this Court in its order
under Anneuxre-5, same date of joining of the Opp. Party
Nos.7 to 10 could not have been indicated in the
impugned Final Gradation list published under
Annexure-7. It is accordingly contended that the Final
Gradation list published under Annexure-7 needs a
recasting and appropriate direction be issued to Opp.
Party No.2.
5. Mr. N. Rath, learned counsel appearing for the
private Opp. parties on the other hand made his
submission basing on the stand taken in the counter
affidavit so filed.
5.1. It is contended that private opp. parties vide order
issued by Opp. party No.3 on 23.03.2013 under
Annexure-A/4 to the counter filed by the State, were
regularized as Jr. Typist in the Directorate w.e.f
14.02.1994, 18.02.1994, 25.05.1994 and 19.09.1994,
no illegality or irregularity can be found with their
placement with the such date of joining in the cadre as
14.02.1994, 18.02.1994, 25.05.1994 and 19.09.1994. It
is accordingly contended that the Final Gradation list
under Annexure-7 has been rightly issued and it needs
no interference.
6. Mr. S. Das, learned Addl. Standing Counsel on the
other hand also made his submission contending inter
alia that since vide order dt.23.03.2013, so available
under Annexure-A/4, private Opp. parties were
regularized as Jr. Typist w.e.f 14.02.1994, 18.02.1994,
25.05.1994 and 19.09.1994, the said date has been
rightly taken as the initial date of appointment of Opp.
party Nos. 7 to 10 in the final gradation list
dt.13.05.2022 under Annexure-7.
6.1. On the face of the order passed by the Tribunal on
10.12.2012 under Annexure-4, so confirmed by this
Court in its order dt.2.3.2021 under Annexure-5, Private
opposite parties were given their placement in the final
gradation list by taking their initial date of appointment,
in terms of the order of regularization issued under
Annexure-A/4. It is accordingly contended that no
illegality or irregularity can be found with the impugned
Gradation list.
7. Having heard learned counsel for the parties and
considering the submission made, this Court finds that
private opposite parties when were placed in the Final
Gradation list published on 10.3.2010 under Annexure-2
series by showing their initial date of appointment as
14.02.1994, 18.02.1994, 25.05.1994 and 19.09.1994,
the same was assailed by one of the aggrieved person
before the Tribunal by filing OA No.1058 of 2010.The
Tribunal vide order dt.10.12.2012 under Annexure-4 held
that date of initial appointment of the private opposite
parties so reflected in Annexure-2 cannot be taken as the
initial date of appointment as Opp. Party No.7 to 10 were
appointed under a Scheme. Accordingly, such placement
of the private opposite parties with their date of initial
joining as 14.02.1994, 18.02.1994, 25.05.1994 and
19.09.1994 was interfered with and a direction was
issued to prepare a fresh Gradation list in accordance
with law.
7.1. It is not disputed that order passed by the Tribunal
under Annexure-4 was confirmed by this Court in its
order dt. 02.03.2021 under Annexure-5. However, it is
found that subsequent to the order passed by the
Tribunal and during pendency of the matter before this
Court in W.P.(C ) No.2197 of 2013. Private Opp. Parties
vide order dt.23.03.2013 under Annexure-A/4 though
were regularized by taking their date of appointment as
14.02.1994,18.02.1994 and 25.05.1994 and 28.08.1994,
but the same was never brought to this Court and
accordingly this Court passed the order under Annexure-
7.2. In that view of the matter, this Court for the present
is not inclined to interfere with the impugned Final
Graduation list dt.13.05.2022 under Annexure-7, and
grants liberty to the Petitioners to challenge order
dt.23.03.2013.
7.3. With the aforesaid liberty, the Writ Petition stands
disposed of.
(Biraja Prasanna Satapathy)
Judge
Sangita
Reason: authentication of order
Location: high court of orissa, cuttack
Date: 11-Feb-2026 18:47:17
