Advocates:
['M/S ER NAGENDRA KU MOHANTY', '', 'G N ROUT', 'S K DASH', 'B K MOHAPATRA']

11 18.04.2019

Heard learned counsel for the parties.

By way of this writ petition, the petitioner has challenged

the order dated 14.10.2015 (Annexure-24) passed by the

Odisha

Administrative

Tribunal,

Principal

Bench,

Bhubaneswar in O.A. (P) No. 121 of 2004, whereby learned

Tribunal has rejected the prayer made by him.

Learned counsel for the petitioner contended that the

State Government ought to have considered the case of the

petitioner pursuant to Annexures-1 and 2 as similarly situated

persons in identical cases were absorbed as at Annexure-3.

However, learned Tribunal in the earlier proceeding, i.e. O.A.

No. 829 of 1999, has observed at paragraph-7 as follows:

“7.

Respondent No.1 is directed to encadre the

applicant in the common cadre of Stenographer in

the Home Department. This exercise shall be

completed within three months from the date of

receipt of a copy of this order. On his absorption,

the applicant shall be given all the consequential

service benefits to which he is entitled.”

Taking into consideration the aforesaid direction, the

order dated 29.5.2000 was passed by the Government in Home

Department under Annexure-17, relevant paragraphs of which

reads as under:

“4.

Henceforth,

G.A.

(Vig.)

Deptt.

will

stop

appointment of outside Stenographer. If any post of

Stenographer is created by them whether permanent

or temporary, they will take Stenographers from the

common cadre of Stenographers of Home Deptt.

5.

The post of Jr. Stenographers held by Shri

Monahty in the office of the G.A. (Vig.) Deptt. will be

included in the Stenographers Common Cadre of

Home Deptt. if not already done.

The G.A. (Vig.) Deptt. are, therefore, requested

to transfer the post of Jr. Stenographer held by Sri

Mohanty along with copy of its creation G.O. to Home

W.P.(C) No. 20468 of 2015

2

Deptt.. They are also requested to obtain necessary

undertaking from Shri Suvendra Sekhar Mohanty and

send to this Department. The original service book of

Sri Mohanty may be furnished to this Deptt.

immediately.”

Learned Tribunal considering the case of the

petitioner on merit has observed at paragraph-4 as under:

“4.

Considering the submissions of the learned

counsel for both the parties and after going through

the record, it is noted that the applicant was

appointed as Jr. Stenographer in the General

Administration (Vigilance) Department vide order

dated 19.11.1983. While continuing as such as he

was

not

encadered

in

the

common

cadre

of

Stenographers in the Home Department as per the

decision

of

the

Government,

he

had

earlier

approached the Tribunal in O.A. 829/1999. The said

O.A. was disposed of with a direction to the

respondent authority to encadre the applicant in the

common cadre of Stenographers in the Home

Department with the stipulation of three months to

carry out the order. It was further observed that on

his absorption the applicant shall be given all the

consequential service benefits to which he is entitled.

In compliance with the order of the Tribunal the

applicant was encadered in the common cadre of

Stenographers in the Home Department vide order

dated 29.5.2000 and 14.8.2000 at Annexures-17 and

19, wherein it was stipulated that (1) The post of Jr.

Stenographer held by Sri Mohanty will be included in

the

Stenographers

Common

Cadre

of

Home

Department from the date he joins in the Home

Department, (2) The position of Sri Mohanty, Jr.

Stenographer will be placed below all the Jr.

Stenographers of Home Department in the year of his

encadrement and his enter se seniority will be

determined accordingly after his joining in the Home

Department Cadre, & (3) Past service of Sri Mohanty

will be counted towards pension and pensionary

benefits, but such service will not count towards

promotion. The grievance of the applicant is that even

though the Tribunal has specifically directed the

r