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2021 Supreme(Ori) 30

SANJU PANDA, S.K.PANIGRAHI
Manoranjan Biswal – Appellant
Versus
State of Odisha – Respondent


Advocate Appeared:
For the Appellant :Mr.Budhadev Routray, Sr.Advocate M/s.Babita Kumari Pattnaik and J.K. Digal, Advocates
For the Respondent:Mr.J. P. Patnaik, Mr.Asok Mohanty, Mr. Gautam Misra, Sr. Advocate M/s. Devashis Panda and Associates M/s. B.B. Mohanty and Associates M/s. K.P. Mishra and Associates, Mr. S. Mohapatra, Advocate

JUDGMENT :

S. K. Panigrahi, J.

1. As the grievance and prayer sought for by the petitioners in all these Writ Petitions are one and the same, all the Writ Petitions were heard together and are being taken up for disposal by this common judgment. For convenience of discussion, W.P.(C) No.6844 of 2018 is taken up as the leading case.

Factual Matrix of the case:

2. The petitioner in W.P.(C) No.6844 of 2018 assails the order dated 26.10.2017 passed by the learned Odisha Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.1530(C) of 2014 primarily on the ground that the said order is erroneous as well as improper sans proper service of notice.

3. The facts as narrated in the writ petition boils down to the issue of seniority in promotion. The petitioner was duly selected and appointed as Jamadar on 03.09.1990, later promoted to the post of Subedar on 25.08.2002 and on the basis of his seniority, he was posted in OSAP 7th Battalion, Bhubaneswar. He was further promoted to the rank of Assistant Commandant on 07.08.2008 and posted in OSAP 6th Battalion, Cuttack and, subsequently, he was promoted to the rank of Deputy Commandant vide order dated 14.07.2014 and posted in 2nd SS Battalion,

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