JUDGMENT

Dr. B.R. SARANGI, J.- The petitioners, who are working as Senior Assistants under the opposite party-Sambalpur University, have filed this application seeking to quash the office order dated 29.07.2008 in Annexure-6, by which the inter se seniority which has been fixed by the authority at serial nos.124, 125 and 123 has been changed to serial nos. 148, 149 and 147 respectively on consideration of the grievance made by opposite parties no.3 to 26 in compliance of the order dated 07.01.2008 passed by this Court in OJC No.3246 of 1997, and consequential order dated 07.08.2008 in Annexure-7 restoring the seniority of opposite parties no.3 to 26 over and above the present petitioners.

2. The factual matrix of the case, in hand, is that Sambalpur University is a statutory body in which the petitioners were initially appointed as class-IV employee in the year 1981. Thereafter, by following due process of selection, they were appointed as Jr. Assistant vide order dated 26.11.1984, though the initial appointment was for a period of three months or till the posts are filled up by regular appointment, whichever was earlier. But such temporary appointment of the petitioners was extended from time to time by opposite parties no.1 and 2 and last appointment was made on 24.08.1988 by which order the petitioners appointment was extended for a period of six months w.e.f. 20.06.1988 or till regular appointment was made, whichever was earlier. Though the petitioners were promoted on ad hoc basis, they were given time scale of pay. Subsequently, the opposite parties no.1 and 2 issued an order on 16.01.1989 in which services of the petitioners in the post of Jr. Assistant were regularized w.e.f. 27.11.1984. The services of the petitioners were confirmed against such post vide order dated 29.02.1992. But no objection was received from any quarter for regularization of the services of the petitioners w.e.f. 27.11.1984 and confirmation made thereof vide order dated 29.02.1992. Consequentially, they were promoted to the post of Sr. Assistant vide order dated 21.04.2003. The opposite parties no.1 and 2 published a provisional gradation list of non-teaching employees of the University by notification dated 27.09.2007. The said gradation list also contained the list of the Sr. Assistants in col.14 in which the names of the petitioners find place at serial nos.124, 125 and 123 respectively and the names of opposite parties no.3 to 26 below the names of the petitioners in the said gradation list.

2.1 The opposite parties no.7, 15 and 16 approached this Court by filing OJC No.3246 of 1997 challenging the fixation of inter se seniority of the petitioners over and above them. This Court, vide order dated 07.01.2008, disposed of the said writ application directing the authority to reconsider the grievance made by the said opposite parties within a period of six weeks. In compliance of the order dated 07.01.2008, opposite parties no.1 and 2 disposed of the representation of opposite parties no.7, 15 and 16 by refixing the seniority of the petitioners placing them at serial nos.148, 149 and 147 below opposite parties no.3 to 26. Thereby, the original placement made at serial nos.124, 125 and 123 has been changed to serial nos.148, 149 and 147 so far it relates to the petitioners. Thereafter, opposite parties nos.3 to 26 were given the placement over and above the petitioners vide order dated 29.07.2008 in Annexure-6 and consequentially vide order dated 07.08.2008 communication has been made to the parties which is the subject matter of challenge before this Court in the present application.

3. Mr. H.M. Dhal, learned counsel for the petitioners strenuously urged that even though the petitioners were initially appointed as Jr. Assistant w.e.f. 26.11.1984 for a temporary period which was extended from time to time, subsequently, vide order dated 16.01.1989, their services were regularized w.e.f. 27.11.1984 and being confirmed on 29.02.1992 they continu