Dismissed¶¶27

Himansu Sekhar Swain v. State of Odisha

Service Law – Seniority – Gradation List

Orissa HC18 Sept 2024WPC(OAC)/4570/2016

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Case brief

AI extract

What is this about?

Seniority; gradation list; Analytical Chemist; Graduate Laboratory Assistant; irregular appointment; regularization for pensionary benefits; RACP; sympathetic counting creates no seniority right; date of entry into Government service; Director of Mines Odisha; State of Odisha; Orissa High Court; WPC (OAC) No.4570 of 2016; B. P. Routray, J.; writ petition dismissed.

What did the court decide?

Counting of the petitioner's services for the earlier period in the order dated 16th May 1985 was on sympathetic ground to give him pensionary benefits; granting pensionary and financial benefits with effect from an earlier date does not accrue any right to count seniority from that date in the absence of any other existing right. ¶¶22

Himansu Sekhar Swain Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the petitioner's seniority in the gradation list prepared for Analytical Chemists can be counted with effect from 9th June 1981 (the date of his initial appointment as Graduate Laboratory Assistant, whose irregular service had been regularized only for pensionary and RACP benefits), rather than from his regular appointment as Analytical Chemist on 22nd September 1982.

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Court's answer

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Ratio / Principle

The petitioner's service from 9th June 1981 till 21st September 1982 was admittedly irregular and was in the post of Graduate Laboratory Assistant; only his service from the date of regular appointment as Analytical Chemist (22nd September 1982) was counted for all purposes, so the irregular period cannot be considered in the post of Analytical Chemist for inclusion in the gradation list with effect from 9th June 1981.

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Key takeaways

Since it is admitted that the petitioner did not continue as an Analytical Chemist for the disputed period, his claim in the gradation list as Analytical Chemist is not entertainable.ratio¶¶26

Detailed headnote1 paragraphs

Service Law - Seniority - Gradation List - Petitioner initially appointed as Graduate Laboratory Assistant on 9th June 1981 in a reserved vacancy; services terminated w.e.f. 1st June 1982 and he was regularly appointed as Analytical Chemist w.e.f. 22nd September 1982; the irregular interregnum (9.6.1981 to 21.9.1982) was regularized by the Director of Mines by order dated 16th May 1985 (Annexure-A/2) solely for pensionary benefits, and RACP benefits were also counted from 9.6.1981; claim for counting seniority in the Analytical Chemist gradation list from 9.6.1981 rejected - counting of irregular service for pensionary/financial benefits on sympathetic grounds confers no right to count seniority from that date absent any other accrued right; petitioner admittedly did not continue as Analytical Chemist during the disputed period, hence his claim in the gradation list as Analytical Chemist not entertainable; representation for correction of date of entry into Government service in the final gradation list, rejected by Director of Mines on 1st December 2016 (Annexure-8), upheld; Writ Petition dismissed.

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Signature Not Verified

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Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cutt ack Date: 05-Oct-2024 14:10:40

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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WPC (OAC) No.4570 of 2016

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Himanshu Sekhar Swain

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…. Petitioner

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Mr.P.Pattnaik, Advocate

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-versus-

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State of Odisha and others

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…. Opposite Parties Mr.S.Rath, ASC

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CORAM: JUSTICE B. P. ROUTRAY

ORDER 18.09.2024

Order No.

The matter is taken up through hybrid mode.

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Heard Mr. Pattnaik, learned Counsel for the Petitioner and Mr. Rath, learned Additional Standing Counsel for the State-Opposite Parties.

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The Petitioner has challenged the order of the Director of Mines, Odisha dated 1^st December 2016 under Annexure-8, wherein his representation for correction of date of entry into the Government service in the final gradation list has been rejected.

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The admitted facts of the case are that, initially the Petitioner was appointed as a Graduate Laboratory Assistant on 9^th June 1981 in a reserved vacancy and continued to as such up to 21^st September 1982. Subsequently, his service was terminated with effect from 1^st June 1982 and he was adjusted in the post of Analytical Chemist with

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Page 1 of 3

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Signature Not Verifiedeffect from 22^nd September 1982 on regular basis. In respect of the Digitally Signed Signed by: CHITTA RANJAN BISWALirregular service period from 9^th June 1981 to 21^st September 1982, Reason: Authentication Location: Orissa High Court, Cutt ack Date: 05-Oct-2024 14:10:40the Dir ector in order dated 16^th May 1985 (Annexure-A/2) has regularized the period for the purpose of pensionary benefits. Subsequently also for granting the benefits of RACP his service was counted from 9^th June 1981 instead of 22^nd June 1982. Now the petitioner claims to count his seniority in the gradation list prepared for Analytical Chemist with effect from 9^th June 1981.

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It is submitted on behalf of the petitioner that, since his service has been counted from 9^th June 1981 for the purpose of pensionary benefits and for financial benefits like RACP etc, his actual service benefits with regard to seniority should also be counted with effect from 9^th June 1981, when he initially joined as a Graduate Laboratory Assistant.

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It is seen that his services for such period were counted, in the order dated 16^th May 1985 under Annexure A/2, on sympathetic ground to give him pensionary benefits. Granting pensionary benefit and financial benefit with effect from earlier date would not accrue any right in favour of the petitioner to count his seniority from that date without having any other right existing in favour of the Petitioner.

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In the instant case, admittedly, the service of the Petitioner with effect from 9^th June 1981 till 21^st September 1982 was irregular and further, the same was in respect of the post of Graduate Laboratory Assistant. The service of the Petitioner from the date of his regular appointment i.e. 22^nd September 1982 as Analytical chemist was counted for all purposes. Therefore, in absence of any right accrued in favor of the petitioner during his irregular appointment as Graduate

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Page 2 of 3

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Signature Not VerifiedLaboratory Assistant, the same cannot be considered in the Post of Digitally Signed Signed by: CHITTA RANJAN BISWALAnalytical Chemist for inclusion in the gradation list with effect from Reason: Authentication Location: Orissa High Court, CuttDate: 05-Oct-2024 14:10:409^th J uneack 1981. Further, when it is admitted that the Petitioner did not

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continue as an Analytical Chemist for the disputed period, his claim in the gradation list as Analytical Chemist is also not found entertainable.

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In view of the reasons stated above, the Writ Petition is dismissed.

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( B.P. Routray) Judge

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C.R.Biswal

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Himansu Sekhar Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Himansu Sekhar Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Procedural history

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