JUDGMENT :

B.R. SARANGI, J.

The petitioner was appointed in Orissa State Cooperative Agricultural and Rural Development Bank Ltd., Bhubaneswar (OSCARD Bank) as contingent Junior Assistant on 11.06.1982 along with others. While continuing as such, the committee of the OSCARD Bank made a resolution on 10.09.1986 approving the earlier resolution dated 23.01.1986 to regularize the services of the contingent employees in their respective posts. But, the Chief Administrator of the committee offered his dissenting views, and consequentially the matter was referred to the Registrar, Cooperative Societies, Orissa for final decision. The Registrar, Cooperative Societies, Orissa in Revision Case No.30 of 1986 vide order dated 18.06.1988 directed the OSCARD Bank authorities to regularize the services of contingent employees, as stood on 23.01.1986, and to implement the resolution of the committee dated 23.01.1986. Subsequently, in another meeting of the Board held on 25.05.1987, same view was reiterated to regularize the services of the contingent employees within a period of two months from 20.06.1987. Pursuant to such resolution and finding of the Registrar, Cooperative Societies, Orissa, the OSCARD Bank regularized the services of 14 contingent employees out of 22. The remaining eight contingent employees, including the petitioner, filed Misc. Case before the Registrar, Cooperative Societies, Orissa, who directed the OSCARD Bank to regularize the services of the eight contingent employees considering their length of service on compassionate ground, by observing that it would not be fair to throw them out of their service. As per the finding of the Registrar, the petitioner was required to be regularized against the post of Junior Assistant, but the OSCARD Bank instead of regularizing the services of the petitioner as Junior Assistant, appointed him in the post of Junior Typist.

2. Aggrieved by such action of the OSCARD Bank, the petitioner approached the learned Civil Judge (Jr. Division), Bhubaneswar in Title Suit No.13 of 1996, and after due adjudication, by order dated 10.03.1999, the court below directed opposite party no.1 to consider the case of the petitioner in the matter of regularization of service as against the post of Junior Assistant in compliance of the order dated 18.06.1988 of opposite party no.2 in Revision Case No.30 of 1986, giving retrospective effect, in letter and spirit. Consequentially, the petitioner’s services were regularized retrospectively w.e.f. 18.06.1988. The order dated 10.03.1999 passed by the learned Civil Judge (Jr. Division), Bhubaneswar in Title Suit No.13 of 1996, having not been challenged before the higher forum, reached its finality.

3. As the petitioner was regularized as Junior Assistant w.e.f. 18.06.1988, his inter se seniority was fixed in the post of Junior Assistant below Smt. Sukanti Mishra, Jr. Asst. and above Sri Suresh Mohanty, Jr. Asst. The Board of Directors in its resolution dated 14.10.1999 notified the action taken by the President of the OSCARD Bank on the basis of the order of the learned Civil Judge (Jr. Division), Bhubaneswar, and subsequently vide order dated 23.04.2003, the petitioner was allowed to officiate the promotional post of Senior Assistant by fixing his inter se seniority between Smt. Sukanti Mishra, Sr. Asst. and Sri Suresh Chandra Mohanty, Sr. Asst.

4. Thereafter, one Madhusudan Pattnaik working as Jr. Asst. in the OSCARD Bank approached this Court by filing W.P.(C) No. 5017 of 2003 challenging the action of opposite party no.1 for not considering his case for promotion. In the said writ petition, the petitioner was impleaded as opposite party no.3. This Court, after due adjudication of the writ petition, vide judgment dated 19.11.2004 quashed the portion of the order passed by the OSCARD Bank, by which the petitioner was regularized in the post of Jr. Asst. with retrospective effect, as well as his consequential officiating promotion as Sr. Asst., and further direc