IMPORTANT POINT
Seniority in employment is determined by the date of entry into service, and rectification of administrative errors is permissible without infringing on the rights of employees.

JUDGMENT

Murahari Sri Raman, J. -

The challenge:

Challenge has been laid to Judgment dated 09.08.2023 rendered by the learned Single Judge in the writ petition bearing W.P.(C) No.29187 of 2019 and W.P.(C) No.18128 of 2009 in the matters of applications under Article 226/227 of the Constitution of India, the petitioner therein, being aggrieved, preferred the intra-Court appeals beseeching to invoke provisions of Article 4 of the Orissa High Court Order, 1948 read with Clause 10 of the Letters Patent constituting the High Court of Judicature at Patna and Rule 6 of Chapter-III and Rule 2 of Chapter-VIII of the Rules of the High Court of Orissa, 1948.

2. This matter was on Board on 02.05.2024 under the heading 'Fresh Admission'. Learned Additional Government Advocate has raised objection against entertainment of single writ appeal against common judgment dated 09.08.2023 passed in two writ petitions and submitted that there is little scope for interference with the decision of the learned Single Judge in the writ appeal filed by the appellant-writ petitioner.

3. The facts culled out from the pleadings reveal that in pursuance of Resolution dated 10.01.2001 of the Managing Committee of Nanda Kishore High School, Tilada, Sarugaon in the district of Balasore, the appellant joined on 18.01.2001 against the second post of peon in the said School, which got approved by the Inspector of Schools, Balasore vide Office Order No.2376, dated 28.03.2009 with effect from 01.04.2008.

3.1. However, pursuant to the Orissa Education (Payment of Grant-in-Aid to High Schools, Upper Primary Schools, etc.) Amendment Order, 2008 (for brevity, 'Amendment Order, 2008') vide Order No.23611-IX-SME (Sch)-35/2008-SME, dated 08.12.2008 and with reference to Letter No.63144, dated 18.12.2008 of the Director, Secondary Education, Odisha, the Inspector of Schools by way of Order No.9008, dated 13.10.2009 modified the approval. Consequent thereof, the position of Gayadhar Nayak-respondent No.6 was approved as Science Attendant and the post of appellant-Purusottam Swain, was approved as Night Watchman-cum-Sweeper with effect from 01.04.2008.

3.2. The appellant assailed such modified Order of approval before this Court by way of a writ application, which was registered as W.P.(C) No.18128 of 2009, which came to be dismissed for non-prosecution on 11.07.2017, and subsequently, stood restored vide Order dated 10.01.2019 passed in CMAPL No.344 of 2018.

3.3. As it revealed from the record, an FIR was lodged against the appellant by the Headmaster of the School on 26.09.2018 and on 28.09.2018, a show-cause notice was issued to furnish reply as to why action would not be taken against him for disobedience of the direction to work as Night Watchman-cum-Sweeper in the School. Consequently, Resolution has been passed by the Managing Committee on 10.10.2018 to suspend the appellant, which was placed before the District Education Officer, Balasore for approval.

3.4. It is stated by the appellant that on the last date fixed for filing said show cause reply, he was arrested on 05.10.2018 and got released on bail on 18.10.2018. Thereafter, he could submit his reply on 20.10.2018. Nonetheless, the District Education Officer, Balasore approved the Order of suspension on 28.11.2018.

3.5. Challenging the Order of suspension, the appellant approached this Court in W.P.(C) No.122 of 2019, which was disposed of by an Order dated 07.03.2019 with a direction to consider the representation. The District Education Officer having considered such representation, rejected it by Order dated 20.09.2019.

3.6. The District Education Officer taking note of modified approval Order held in the said Office Order dated 20.09.2019 that:

'Perused the application of the petitioner under Annexure-II, documents/ records available in the files in Resolutions submitted by the Managing Committee of N.K. High School, Tilada.

Sri Purusottam Swain was approved as Peon of the N.K. High School, Tilada, vide Inspectorate Order N