Judgement

SIKRI, J.: This is an appeal by certificate granted by the High Court of Orissa under Article 133 (1) (c) of the Constitution from the judgment and order of the High Court in Writ Petition O. J. C. No. 156 of 1965 filed by B. K. Mohapatra, I. P. S., hereinafter referred to as the petitioner, against the State of Orissa and the Union of India. In this petition the petitioner had prayed for a writ of mandamus directing the respondents to fix the petitioner s seniority and year of allotment as 1948 instead of the year 1951 fixed by the Government of India. The High Court quashed the order of the Union Government, dated July 22, 1958, and directed the Central Government to fix the year of allotment and seniority of the petitioner in accordance with its judgment and the law.

2. In order to appreciate the points raised before us it is necessary to set out the facts somewhat in detail. The petitioner was appointed as Deputy Superintendent of Police in the State of Orissa on January 1, 1947. On January 1, 1950, he was confirmed as D. S. P. In the meantime an agreement had been arrived at between the Central Government and some State Governments, including Orissa, regarding the cons