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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Ajaya Kumar Mohapatra – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner contests seniority against colleagues. (Para 3) |
| 2. arguments from both parties regarding seniority rules. (Para 4 , 5 , 6) |
| 3. court cites precedent on seniority determination. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. writ petition allowed; prior circular quashed. (Para 13 , 14) |
ORDER :
S.K. PANIGRAHI, J.
1. This matter is taken up through hybrid mode.
2. Heard Mr. Sameer Ku. Das, learned counsel for the petitioner, Mr. S.K Samal, learned Additional Government Advocate for State, Mr. Tathagat Sahoo, learned counsel for opposite party No.4 and Mr. P.K Mohanty, learned counsel for opposite party Nos. 3 and 5.
3. This Writ Petition has been filed with a prayer to quash the Government Orders dated 31.08.2020 and 13.09.2021 and to restore the seniority of the petitioner over Opposite parties 4 and 5 and to allow the petitioner to continue as Principal in charge of J.N. College, Kuanpal. The writ petition raises the issue of inter-se seniority dispute between the petitioner vis-à-vis opposite party Nos.4 and 5The petitioner commenced his service as a Lecturer in Botany (2nd Post) in Remuli College, Remuli, District Keonjhar from 28.02.1989. His appointment was approved fro
Seniority among teachers must be determined based on the date of entry into service rather than date of birth, upholding Articles 14 and 16 of the Constitution.
The date of entry into service should determine seniority, and any departure from this principle must be consistent with the requirements of Articles 14 and 16 of the Constitution.
The main legal point established in the judgment is that the seniority of a teacher appointed on a substantive basis is to be determined with reference to the date of approval, not the date of joinin....
The main legal point established is that seniority is determined based on substantive appointment and age, as specified in the regulations of the Intermediate Education Act, 1921, overriding the time....
The benefit of pay-scale and designation granted to the appellant remained personal and did not amount to his substantive appointment as a Lecturer.
Seniority for transferred employees is determined by the date of joining in the new department, not by prior seniority in the former position.
The determination of inter-se seniority under Rule 33(a) is based on the date of first appointment, not merit rankings.
Seniority among employees with identical appointment dates in the same cadre should prioritize age per Rule 37(2) Chapter XIVA KER.
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