JUDGMENT

6th November 2024 B.P. Routray, J.

1. Heard Mr. S. Mohanty, learned counsel for the Petitioner and Ms. B.L. Tripathy, learned Additional Government Advocate for the State-Opposite Parties.

2. The prayer of the Petitioner is to grant him all consequential service benefits in terms of the direction of the learned Tribunal dated

11.09.2015 passed in O.A. No.2168(C) of 2012.

3. The case of the Petitioner is that, he earlier filed O.A. No.2168(C) of 2012 before the learned Tribunal praying for Reason: Authentication Location: High Court of Orisssa, Cuttack Date: 07-Nov-2024 16:29:07 regularization of his service along with all consequential benefits. Accordingly, learned Tribunal in its order dated 11.09.2015 directed for regularization of the service of the Petitioner along with all consequential service and financial benefits. The relevant portion of the direction of the learned Tribunal is re-produced below.

“In view of the above facts and analysis thereof and keeping in view the earlier order of the Tribunal dated 16.4.1999 passed in O.A. 1515/1994 in respect of the applicant and relying on the decision of the Tribunal in other similar matters cited supra, we direct the state respondents to take immediate steps for regularization of the service of applicant by relaxing rule 3(i) of the O.M.S. Rules, 1985 and grant him all consequential service as well as financial benefits w.e.f.7.8.1994 as he has been continuing in service from the said date without any break, without taking any further action pursuant to Annexure-8.

The entire exercise be completed within a period of four months from the date of receipt of a copy of this order.”

4. Then the State preferred writ petition before this Court against said order of the learned Tribunal and being failed therein also approached Hon’ble Supreme Court in SLP(C)- Diary No.18329 of

2018, which was also dismissed.

5. Thereafter, the Opposite Parties regularized the service of the Petitioner and released all financial benefits w.e.f. 7.8.1994. But the grievance of the Petitioner is that, though his service was regularized as Reason: Authentication Location: High Court of Orisssa, Cuttack Date: 07-Nov-2024 16:29:07 Junior Clerk w.e.f. 7.8.1994 pursuant to the direction of learned Tribunal and the financial benefits were released in his favour, but the consequential service benefits including promotion was not considered. He was given promotion to the post of Senior Clerk in the year 2020 only without taking note of his period of service from 7.8.1994.

6. The State has filed their counter stating that, the service of the Petitioner has been regularized pursuant to the direction of the learned Tribunal w.e.f. 7.8.1994 and all consequential financial benefits were released in his favour. The State has also contended in the counter that, the consequential service benefits has been extended in favour of the Petitioner and he was given promotion to the post of Senior Clerk in 2020. Therefore, the prayer of the Petitioner has no merit to be considered for giving him promotion from any earlier period.

7. In view of the controversy, it falls to determine here that, whether the consequential service benefits in terms of the direction of the learned Tribunal has been extended in favour of the Petitioner from

7.8.1994 in actual ?

8. The fact that the service of the Petitioner was regularized w.e.f. 7.8.1994 as a Junior Clerk is not disputed. Consequent upon his regularization in service, the conditions of service are governed under the Odisha Ministerial Services (Method of Recruitment and Condition of Service of Clerks in District Registration Offices) Rules, 1975. According to the hierarchy of posts specified in the said 1975 Rules, the Junior Clerks are required to be promoted to the post of Senior Reason: Authentication Location: High Court of Orisssa, Cuttack Date: 07-Nov-2024 16:29:07 Clerks on the basis of merit and suitability with regard to seniority upon completion of two years of service and subj