The Validation Act stipulates that service duration from adhoc appointments cannot influence seniority, confirming the petitioner’s senior status over the respondent.

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 31^st 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 8^th February, 2019 duly communicated to the petitioner through a letter of the Directorate of Textiles, Odisha, Bhubaneswar dated 19^th July, 2019, wherein, he has been placed below opposite party No.4.

3. Undisputed facts of the case are as follows.

4. The petitioner was appointed as the Assistant Director, Chemist in Class-II by a notification of the Textile and Handloom Department, Govt. of Orissa dated 28th February, 2000 with the joining in the establishment of the Director of Textiles, Orissa, Bhubaneswar vide Annexure-1, whereas, opposite party No.4, a Stipendiary Textile Technologist (B.Tech.), on being sponsored by the Planning and Co-ordination Department, Government of Odisha, by the order of the Textile and Handloom Department dated 12^th August, 1999, joined as the Assistant Director, Textiles in the Directorate of Textiles temporarily for a period of one year on a consolidated pay by an order under Annexure-2. As to the case at hand, primarily, the dispute relates to the inter se seniority between the petitioner and opposite party No.4 with reference to the final gradation list of Deputy Director, Textiles in Group-A (JB) as on 31st January, 2018.

5. Heard Mr. Pandey, learned counsel for the petitioner, Mr. Praharaj, learned AGA for the State and Mr. Rath, learned counsel for opposite party No.4.

6. As per Mr. Pandey, learned counsel for the petitioner, the continuation of service and appointment of opposite party No.4 is by virtue of the Orissa Textile and Sericulture Service (Validation of Appointment of Assistant Director of Textiles) Act, 2005 published in the extraordinary issue of the Orissa Gazette dated 29th April, 2006, according to which, he shall be deemed to continue and validly and regularly appointed to the service against the direct recruitment quota of the Department with effect from the date of commencement of the said Act but to be enbloc junior to others to be appointed as Assistant Directors of Textiles to the service in accordance with Rule 5 of the Recruitment Rules in the year of its commencement and the period of adhoc service rendered by him prior thereto shall be counted only for the purpose of pension, leave and increment and while stating so, he refers to a copy of the Gazette as at Annexure-3. The further contention of Mr. Pandey, learned counsel is that a tentative gradation list of Assistant Director, Textiles in Class-II Service was published vide Annexure-4 in 2007 and the final was issued in 2008 as per Annexure-5 and later on, as per notification (Annexure-6) dated 10^th October, 2013, the petitioner was promoted to the rank of Deputy Director, Textiles and in so far as opposite party No.4 is concerned, he was promoted to the said post w.e.f. 21st March, 2018. It is pleaded that the provisional gradation list of Deputy Director, Textiles, Group-A (JB) as on 31st December, 2018 was published by the Government of Odisha in Handlooms, Textiles and Handicrafts Department and by its letter dated 16^th January, 2019, obje