STATE OF ORISSA Vs. ARUN KUMAR PATNATK

JUDGEMENT

(1.) This is a group of 4 appeals arising out of a judgment dated June 10, 1974 of the High Court of Orissa. Civil Appeals Nos. 1739 and 1740 are filed by the State of Orissa while Civil Appeals Nos. 1741 and 1742 are filed by one T. C. Krishna Moorthy. Two writ petitions were filed in the Orissa High Court, one by Arun Kumar Patnaik and the other by Niranjan Mishra for quashing certain orders and notifications issued by the Government of Orissa in regard to Krishna Moorthy's appointment as an Assistant Engineer and his subsequent promotions to higher posts. Patnaik and Mishra challenged Krishna Moorthy's appointment and prayed that in any event they ought to be accorded seniority over him.

(2.) By an order dated December 11, 1958 Krishna Moorthy and two others were appointed as "temporary Assistant Engineers on contract basis for a period of 3 years." The appointments were made by direct recruitment on the recommendation of the Public Service Commission which held a test and a viva voce examination in accordance with the Orissa Service of Engineers Rules, 1941. Krishna Moorthy took charge of the post on January 19, 1959. On September 13, 1960 which was during the currency of the contractual period of 3 years, the Government of Orissa informed him that the question of absorbing him in the regular establishment of the State's Engineering Service will be taken up for consideration on his completion of 2 years of service and in case he was absorbed, his absorption would be given retrospective effect from the date of his first appointment as an Assistant Engineer. The Government of Orissa thereafter consulted the Public Service Commission and after obtaining its concurrence, it passed an order dated March 14, 1962 regularizing Krishna Moorthy's service by absorbing him in the regular cadre of an Assistant Engineer retrospectively from January 19, 1959. That order is Annexure II to the Writ Petitions. On September 21, 1962 Krishna Moorthy was promoted as an Executive Engineer (Annexure III); on November 15, 1968 he was confirmed as an Assistant Engineer with effect from February 27, 1961 (Annexure IV); on May 12, 1969 he was confirmed as an Executive Engineer with effect from December 2, 1967; and on November 23, 1973 he was promoted as a Superintending Engineer (Annexure VII). Patnaik and Mishra challenged the validity of the orders at Annexures II, III, IV and VII to the writ petitions.

(3.) These are the relevant dates in regard to Krishna Moorthy's appointment. In regard to the appointments of Patnaik and Mishra, it would be enough to recapitulate facts relating to Patnaik's appointment, because for the purpose of deciding these appeals there is no distinction between those facts and the facts of Mishra's case (supra). On April 14, 1960 Patnaik was appointed "on provisional basis to act as temporary Assistant Engineer" by direct recruitment, which was about a year and 4 months after Krishna Moorthy's initial appointment as a temporary Assistant Engineer on contract basis. On November 15, 1968 Patnaik was confirmed as an Assistant Engineer with effect from May 2, 1962. (It may be recalled that by an order of even date Krishna Moorthy was confirmed as an Assistant Engineer with effect from February 27, 1961). On October 31, 1970 Patnaik was confirmed as an Executive Engineer with effect from December 2, 1967. (It may be recalled that Krishna Moorthy was confirmed as an Executive Engineer with effect from the same date viz., December 2, 1967 though by an earlier order dated May 12, 1969.)