Judgement

PATTNAIK, J. :- This appeal by the State of Orissa is directed against the judgment of the Orissa Administrative Tribunal, Bhubaneshwar in T. A. No. 451/87. By the impugned judgment the Tribunal having altered the seniority of the Junior teachers in the Department of Surgery, the same is being assailed inter alia on the ground that the Rule 8(2) (iii) cannot have any application for determining the inter se seniority between these junior teachers who were appointed in the year 1971 by a Selection Committee.

2. The brief facts, necessary for examining the point in issue, may be stated thus: The post of junior teacher is a teaching post attached to the Medical Colleges of the State, whereas, Assistant Surgeons are posts attached to different Government hospitals in the State. Between the period 1960 till June 1971 the doctors who were appointed as Assistant Surgeons through a process of selection by the Orissa Public Service Commission were also being posted as a junior teacher in any of the Medical Colleges. In June 1971, however, the State Government decided to fill up the post of junior teachers in the Medical College from amongst the Assistant Surgeons by process of selec