HARIPRIYA DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER has filed this writ petition seeking her placement in the seniority list just below all the candidates selected and appointed against the vacancies of the year 1979 -80 in the cadre of erstwhile Munsif now Civil Judge (Junior Division) and above all those candidates selected/appointed for subsequent years to the said post, and further seeking for declaration of her seniority over and above opp. party Nos. 3 to 10 by quashing Annexure -5 issued by the High Court rejecting the representation and refusing the placement of the petitioner at the right place of the seniority list prepared including the selected candidates of the subsequent years and for payment of consequential service benefits urging various facts and legal contentions.

(2.) BRIEF facts of the case and the grounds urged by the petitioner are stated as hereunder with a view to consider as to whether the petitioner is entitled to the reliefs sought for.

(3.) THEREFORE , the petitioner approached this Court by filing OJC No. 1780/82 to include her name in the list of successful candidates but the same was dismissed by the judgment dated 30.08.1985. Then the petitioner approached the Supreme Court by filing Civil Appeal No. 2486/88 and another case bearing No. 2487/88 was filed by one Shri Radha Krushna Das. Both the cases were heard analogously. The Apex Court allowed both the cases on the basis of the principle settled in a similar case in Durga Ch. Mishra v. State of Orissa, (1987) 4 SCC 646. The said case was disposed of earlier on 27.8.1987. The said decision was applied and followed subsequently in the case of the petitioner who was a candidate for the same Judicial Service in the post of Munsif for the year 1979 -80. The Supreme Court while allowing the Civil Appeal of the petitioner on 29.07.1988 held that she shall rank for the purpose of seniority below those who are already in service on the date of judgment, i.e. 29.7.1988 and shall be precluded from challenging such seniority in future.