Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Kabita Mohapatra – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. factual background of the case (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments of the parties regarding guidelines and applicability (Para 8 , 9) |
| 3. court's analysis on seniority principles (Para 10 , 11 , 12 , 13) |
| 4. principle for determining inter se seniority (Para 14) |
| 5. court's orders and directives (Para 15 , 16 , 17) |
ORDER :
1. Both the matters are taken up through hybrid mode.
2. Both the Writ Petitions have been filed by the same Petitioner. W.P.(C) No.20773 of 2021 has been filed challenging the order dated 13.07.2021 under Annexure-12 passed by the Director, Higher Secondary Education wherein the Opposite Party No.4 relying upon the guidelines dated 31.08.2020 fixed the seniority of the Opposite Party No.6 based on her date of birth above the present Petitioner and consequentially appointed the Opposite Party No.6 as the Principal-in-charge-cum- secretary of Rani Sukadei Mahila Higher Secondary School, Banki, Cuttack. W.P.(C) No.25344 of 2021 has been filed challenging the revised seniority list of Teachers of the said School prepared by the then Principal-In-Charge placing the Petitioner at serial No.2 of the said list.
3. Shorn of unnecessary details, the substrat
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.
Seniority in service must be determined by the date of appointment rather than date of birth, as established by Supreme Court precedents.
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 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 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....
Seniority in public service is determined by the rules of the Employment Exchange rather than the date of joining duty.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
