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1991 Supreme(SC) 30

L. M. SHARMA, S. MOHAN, S. P. BHARUCHA
PRAFULLA KUMAR SWAIN – Appellant
Versus
PRAKASH CHANDRA MISRAS – Respondent


JUDGMENT

S. MOHAN, J.—Leave granted in all the matters.

2. All these appeals can be dealt with under a common judgment since they are directed against the judgment and order dated August 5, 1991 passed by the Orissa Administrative Tribunal, Bhubaneswar in Original Application No. 679 of 1988.

3. Prakash Chandra Misra (respondent 1 in all these appeals) was directly recruited to the Orissa State Forest Service Class II by the Orissa Public Service Commission in the year 1979. After completion of training for two years at Forest Service College, Burnihat, Assam he was appointed as an Assistant Conservator of Forests. He moved the Administrative Tribunal challenging the seniority of the Forest Rangers who were members of Orissa Subordinate Forest Service and were promoted as Assistant Conservators of Forests, between his recruitment and the joining of service after training. According to respondent 1, the promotees who were promoted in the years 1981 and 1982 ought to have been assigned a place below him as per recruitment rules. The seniority of direct recruits vis-a-vis the promotees required to be decided on the basis of the Orissa Forest Service Class II Recruitment Rules, 1959.

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