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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Debjit Nandy – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge to seniority is stated. (Para 1 , 2 , 3 , 4) |
| 2. arguments on the promotion and validation act. (Para 6 , 7 , 8 , 9) |
| 3. status of relaxation in experience criteria is analyzed. (Para 10 , 11 , 12) |
| 4. court clarifies the application of validation act. (Para 13 , 14 , 15) |
| 5. final judgment favors the petitioner. (Para 16 , 17 , 18 , 19 , 20) |
JUDGMENT :
R.K.PATTANAIK, J.
1. Instant writ petition is filed by the petitioner challenging the impugned decision of opposite party No.1 by order under Annexure-11 and for a direction to the opposite parties to recast the final gradation list of Deputy Director, Textiles in Group-A (JB) as on 31st January, 2019 and his placement therein vis-a-vis opposite party No.4 and to promote him to the rank of Joint Director, Level-II on the grounds stated.
2. In fact, the final gradation list was prepared, finalized and issued by the Handlooms, Textiles and Handicrafts Department, Government of Odisha by order dated 8th February, 2019 duly communicated to the petitioner through a letter of the Directorate of Textiles, Odisha, Bhubaneswar dated 19th July, 2019, wherein, he has been placed below opposite party No.4.
3. Undisp
The Validation Act stipulates that service duration from adhoc appointments cannot influence seniority, confirming the petitioner’s senior status over the respondent.
The court established that seniority must be determined by the date of first appointment, and settled seniority cannot be revised after a significant delay.
The promotion of an employee without prior notice or hearing violates principles of natural justice, rendering such actions void and unenforceable.
The 'catch up' rule is applicable to maintain seniority in promotional posts, justifying the placement of a candidate over another based on seniority in the initial grade.
Once an incumbent is appointed to a post according to rule, his seniority has to be counted from the date of his appointment and not according to the date of his confirmation.
Regularization of adhoc employees cannot be backdated to disturb the seniority of regularly appointed employees.
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