The main legal point established in the judgment is that the seniority of a government servant should be determined in accordance with the rules and regulations governing the service, and when a statute provides for a thing to be done in a particular manner, it has to be done in that manner and any other manner is barred.

JUDGMENT

Dr. B.R. Sarangi, J. - The petitioner, who was working as Asst. Teacher, by means of this writ petition, seeks direction to the opposite parties for inclusion of his name in the draft gradation list dated 01.09.2012, which was prepared by opposite party no.3-District Inspector of Schools, Angul with a further prayer to quash the said draft gradation list.

2. The factual matrix of the case, in brief, is that the petitioner, by following due procedure of selection, was appointed as Asst. Teacher by the District Selection Committee and posted in Gopinathpur Lower Primary School, vide letter dated 22.09.1981 issued by the District Inspector of Schools, Angul-opposite party no.3, pursuant to which he joined on 26.09.1981. While so continuing, he acquired B.Ed. qualification on 1985 and became Trained Graduate from the date of acquisition of such qualification. By office order dated 21.01.1989 issued by the District Inspector of Schools, Dhenkanal, the petitioner was placed on deputation to Samal Barrage U.P. School under Angul Education District. Pursuant to such order, the petitioner was relived from the control of District Inspector of Schools, Dhenkanal and joined in Samal Barrage U.P. School on 01.02.1989 under the District Inspector of Schools, Angul, Orissa.

2.1 In order to regulate the method of recruitment and conditions of service of Teachers of Elementary Education, a set of Rule was framed in exercise of power conferred by the proviso to Article 309 of the Constitution of India, which came into force with effect from 18.12.1997 called as 'The Orissa Elementary Education (Method of Recruitment and Conditions of Service of Teachers and Officers) Rules, 1997 (hereinafter referred to as 'Rules, 1997'). As per the said Rules, 1997, the post of Asst. Teachers of Govt. Primary and Upper Primary Schools belonged to Level-V. As the petitioner was working as Asst. Teacher in a Govt. Primary School, he was to be encadred in Level-V of Elementary Education Service. Rule-15 of the Rules, 1997 deals with seniority and preparation of gradation lists. All Asst. Teachers of Government Primary and Upper Primary Schools shall be treated as Level-V from the date of commencement of the said Rules, as per Explanation-I to Rule-15, and the seniority of such Asst. Teachers shall be determined with reference to the date of their appointment as such.

2.2 The opposite party no.2-Director, Elementary Education, Odisha, on 01.09.2012, published a draft gradation list of Level-V teachers having B.Ed. qualification as on that date. But, in the said draft gradation list, the petitioners name was not enlisted, taking into consideration his date of joining as 26.09.1981. Therefore, he submitted an objection on 11.09.2012 specifically indicating therein that he having appointed as regular Asst. Teacher in Government Primary School on 22.09.1981 pursuant to which he joined on 26.09.1981, as per the stipulation made in Rule-15 of the Rules, 1997, his seniority ought to have been taken into account treating his date of appointment as 22.09.1981. On receipt of such objection dated 11.09.2012, the Director of Elementary Education, Odisha, vide his office order dated 24.09.2012 directed the District Inspector of Schools, Angul to furnish a detailed report along with the specific views and all supporting documents within a fortnight for further course of action. As no action was taken at his end, the Director, Elementary Education, Odisha-opposite party no.2, vide its letter dated 30.11.2012, directed the District Inspector Schools, Angul-opposite party no.3 to send a clear report in detail informing that the petitioners name was included in the gradation list or not. But, without responding to the same, the opposite party no.3-District Inspector of Schools, Angul proceeded to effect promotions from Level-V to Level-IV from out of the said draft gradation list causing prejudice to the petitioner. Aggrieved thereby, the petitioner filed O.A. No. 4118(C) of 2