DEBABRATA MOHANTY Vs. RABINDRA KUMAR MISHRA

JUDGEMENT

(1.) Leave granted.

(2.) The undisputed facts in the present case are that the appellant herein was initiallyappointed on 16.5.1994 as a Stipendiary Engineer in the services of the State Government. He was thereafter appointed as an adhoc Assistant Engineer on 26.6.2001. Respondent No.1- Rabindra Kumar Mishra was initially appointed as a regular JuniorEngineer on 18.11.1982 and was thereafter promoted as an Assistant Engineer (againstthe promotional quota) with effect from 16.6.2005. The respondent was, by Notificationdated 30.7.2008, given notional promotion as an Assistant Engineer with effect from18.7.2003, which benefit was also given to other similarly situated persons.

(3.) Under the provisions of the Orissa Service of Engineers (Validation of Appointment)Act, 2002, (hereinafter referred to as the "Validation Act of 2002"), which was passed bythe Orissa Legislative Assembly on 24.12.2002 and was published in the official Gazetteon 15.2.2003, the appointment of Stipendiary Engineers got regularized with effect fromthe date of their promotion to the post of Assistant Engineers, including adhoc AssistantEngineers. The appellant, though appointed as a Stipendiary Engineer in the year 1994was given appointment as adhoc Assistant Engineer on 26.6.2001, and as such, by virtueof Sec. 3 of the Validation Act of 2002, the appellant was given the benefit of senioritywith effect from 26.6.2001, i.e. the date of his appointment as adhoc Assistant Engineer,and not from the date of regularization under the Validation Act of 2002, i.e., with effectfrom 15.2.2003.