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2026 Supreme(Online)(Ori) 3316

IN THE HIGH COURT OF ORISSA AT CUTTACK
Krishna S. Dixit, Chittaranjan Dash, JJ
Pravat Kumar Mishra – Appellant
Versus
State of Odisha – Respondent
W.A. No.2343 of 2024

Advocates:
For the Appellants/Petitioners: G. Mukherji, Ankita Mukherji, A. Mishra, K. Banerjee, A. Nair, A. Acharya
For the Respondents: S.B. Panda, P.K. Mohanty, P. Mohanty, S.N. Dash, S.K. Sahu, K.T. Muduli, P. Pani, K. Panda

A public servant substantively appointed to a post cannot be reverted without complying with the procedure under Article 311 of the Constitution, and state authorities cannot arbitrarily demote employees based on retrospective qualification requirements or unsubstantiated allegations of fraud regarding degrees from unrecognized institutions.

Headnote:(A) Constitution of India - Article 12 and 311 - Service Law - Reversion - An employee having been substantively appointed and absorbed in a post acquires a right of lien which cannot be unceremoniously severed - Reversion from a higher substantive post to a lower post without following the due process of Article 311(2) is illegal and invalid. (Paras 4.1)

(B) Service Law - Qualification - Non-prescribed qualification - A qualification not prescribed by law at the time of recruitment cannot be superimposed later by authorities to justify reversion - Subtle difference exists between a fictitious degree and a degree obtained from an institution unauthorized by regulatory bodies like UGC or AICTE - Mere possession of a degree from an unauthorized institution does not constitute fraud unless active fabrication is alleged and proven. (Paras 4.2, 4.3, 4.4)

(C) Service Law - Public Accountability - State entities as model employers - Actions of state authorities must be guided by reasonableness and rule of law - Where an action is grossly arbitrary, the court may award exemplary costs to ensure accountability. (Paras 4.5, 4.6)

Facts of the case:
The Appellant was appointed as a Programmer-cum-Training Officer in 1998 and later absorbed as a System Analyst in 2006, which was re-designated as Assistant Director, MIS. In 2020, the Respondents downgraded the Appellant to his entry-level post, alleging lack of requisite MCA qualification and that his degree was fictitious. The Single Judge dismissed the petition challenging this order.

Findings of Court:
The Court held that there was no prescribed MCA qualification requirement at the time of the Appellant's appointment. The distinction between a fictitious degree and a degree from an unauthorized institution was not properly considered. The reversion was found to be arbitrary and unjustified.

Issues: Whether the unilateral downgrading of the Appellant's post in the absence of a prescribed qualification and without due process under Article 311 violates service jurisprudence.

Ratio Decidendi: An employee holding a post substantively cannot be reverted without complying with Article 311(2); furthermore, authorities cannot impose retrospective qualification requirements or equate degrees from unrecognized institutions with fraud in the absence of evidence of fabrication.

Result: Appeal allowed; Impugned order quashed; Appellant reinstated with benefits and awarded exemplary costs.

Table of Content
1. substantive appointment protects an employee's right to their post. (Para 1 , 2)
2. retrospective and non-prescribed qualification criteria for reversion are invalid. (Para 3)

MR. JUSTICE KRISHNA S. DIXIT MR. JUSTICE CHITTARANJAN DASH

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Date of Hearing & Judgment: 07.07.2026 ---------------------------------------------------------------------------------------

PER .

KRISHNA S. DIXIT, J As a prelude to this judgment, we are quoting what the Supreme

Court of Canada observed in Wallace v. United Grain Growers Ltd. , 1. [1997] 3 S.C.R 701.

“Work is one of the most fundamental aspects in a person's life, providing the individual with a means of financial support and, as importantly, a contributory role in society. A person's employment is an essential component of his or her sense of identity, self-worth and

emotional well-being.

This Intra-Court appeal by the Employee is directed against a learned Single Judge’s order dated 16.07.2024, whereby his W.P.(C) No.346 of 2021 has been negatived. In the said petition, he had called in question the Office Order dated 24.12.2020 made by Respondent No.3 at Annexure-12 to the Writ Petition by which he was downgraded from the post of Assistant Director, MIS to that of Programmer-cum-Training

Officer.

2. Learned Senior Counsel Mr.Mukherjee appearing for the Appellant vehemently submits that his client, having been appointed as Programmer-cum-Training Officer w.e.f. 06.01.1998 after due selection process accomplished pursuant to Recruitment Advertisement dated

Page 2 of 10

31.07.1997, was placed in-charge of the post of System Analyst w.e.f. 28.09.2005; he having been duly absorbed in the said post w.e.f. 01.03.2006 vide order dated 13.03.2006 and the post of System Analyst having been re-designated as Assistant Director w.e.f. 05.12.2006, the impugned order of Respondent No.3 downgrading him in the position, is absolutely unjustified. He submits that the grounds on which the down gradation of the post is made, are either contrary to law or non-existent in law. He argues that the jurisdictional authority failed to see a certain legal difference between a fictitious degree certificate and a degree certificate issued by unauthorized educational institution. According to him, all these aspects having not been duly adverted to even by the

learned Single Judge, the impugned order is liable to be voided.

3. Per contra, learned Panel Counsel appearing for the answering Respondents vehemently opposes the Appeal making submission in justification of the impugned order of the learned Single Judge and reasons on which the same has been constructed. He tells that the Appellant lacks the requisite qualification for the post in question and therefore, on the allegations of the public, the Official Respondents have made the impugned order reverting him to the lower position to which he was initially appointed. The same after being examined by the learned Single Judge has been sustained and therefore, interference of

this Court in intra Court Appeal is not warranted.

4. Having heard learned counsel for the parties and having perused the Appeal papers, we are inclined to grant indulgence in the matter as

under & for the following reasons:

4.1. There was Recruitment Advertisement dated 31.07.1997 and that the Appellant had staked his claim for Selection. He came to be

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appointed as Programmer-cum-Training Officer on 06.01.1998. Subsequently, he was placed in the charge of post of System Analyst w.e.f. 28.09.2005. Further, his services came to be absorbed in the said post w.e.f. 31.01.2006 vide order dated 13.03.2006. All this is not only borne out by record, but happens to be a broadly admitted position. Therefore, the Appellant had had a right of lien to the post in question regardless of arguable infirmities in the process of Selection & Appointment. In service jurisprudence, lien is treated as the umbilical cord be

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2026 Supreme(Online)(Ori) 3316

IN THE HIGH COURT OF ORISSA AT CUTTACKKrishna S. Dixit, Chittaranjan Dash, JJPravat Kumar Mishra – AppellantVersusState of Odisha – RespondentW.A. No.2343 of 2024

Cases Referred (4)

IN THE HIGH COURT OF ORISSA AT CUTTACK
Krishna S. Dixit, Chittaranjan Dash, JJ
Pravat Kumar Mishra – Appellant
Versus
State of Odisha – Respondent
W.A. No.2343 of 2024