Administrative regularization of service cannot undermine seniority established by due process, especially following considerable delay in objections. Proper justification required for reversion under OMS Rules.

JUDGMENT :

This writ petition has been filed by the petitioner-Jamini Mohan Mohanty challenging the order dated 17.07.2014 passed by the Odisha Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 805 (C) of 2009 in dismissing the Original Application.

2. Heard Mr. Laxmikanta Tripathy, learned counsel appearing for the petitioner and Mr. Partha Sarathi Nayak, learned Additional Government Advocate for the State.

3. The Original Application was filed by the petitioner to quash the order dated 24.03.2009 passed by the Chairman-in-charge of Arbitration Tribunal, Odisha in which the petitioner was reverted to the post of Junior Assistant and was relieved from the Tribunal due to his reversion, with a further prayer to the opposite parties to allow him to continue in the post of Section Officer, Level-II of the Arbitration Tribunal, Odisha, Bhubaneswar.

FACTS Of THE CASE

4. A terse and brief narration of facts is provided for clear understanding and appreciation:-

(a) The case of the petitioner, in short, is that the Arbitration Tribunal was created under the Irrigation and Power Department of Government of Odisha without giving any definite status and the office was functioning under the Irrigation and Power Department.

(b) In the year 1978, one post of L.D. Assistant and other posts was created. On 08.01.1980, the District Employment Exchange Officer was asked to sponsor the names of suitable candidates for the post of L.D. Assistant. On 24.01.1980, the Employment Exchange sponsored the names of seventeen candidates including the petitioner.

(c) When the matter stood thus, on 19.01.1980, the Chairman, Arbitration Tribunal was declared as the Head of the Department with effect from 19.01.1980.

(d) On 04.02.1980, the petitioner was selected and appointed for the single post of L.D. Assistant on the basis of the written test and interview, and the petitioner also joined in the said post on 29.02.1980.

(e) The opposite party no.3-P.C. Kanungo was appointed about four years thereafter, i.e., on 25.04.1984 in the same post, as per the OMS RULES , 1975.

(f) The Chairman, Arbitration Tribunal, vide letter dated 18.03.1985, requested the F.A.-cum-Deputy Secretary to Govt., I & P Department to regularize the service of the petitioner under OMS RULES by virtue of the provision of Section 14 of the said OMS RULES . The F.A. –cum- Deputy Secretary to Govt., I & P Department in reference to the aforesaid letter dated 18.03.1985, regularized the service of the petitioner from the date of initial joining in the public interest by virtue of the relaxation provision of Rule 14 of the OMS RULES , 1975. After relaxation and regularization, the petitioner was promoted to the post of Senior Assistant on 11.07.1985 and at that point of time, the opposite party no.3 did not raise any objection to the said promotion of the petitioner as Senior Assistant.

(g) Subsequently, the provisional gradation list was prepared in the rank of Senior Assistant and circulated inviting objections on 28.10.1995 wherein the petitioner’s name found place at sl.no.1 and the name of the opposite party no.3 found place at sl.no.2 and by then, the petitioner had already completed ten years as Senior Assistant. At that stage as well, no objection was submitted by opposite party no.3 and, therefore, the said gradation list became final by order dated 19.12.1995.

(h) The petitioner completed the Accounts training and cleared the Departmental test and was eligible for consideration for promotion to the higher rank and the D.P.C. also found the petitioner suitable and recommended his name for promotion and the petitioner was promoted t