LOKANATH BARIK Vs. BASANTA KUMAR BARIK

JUDGEMENT

(1.) The dispute concerning the inter se seniority of two Peons of the P.B.M. Mahavidyalaya, Dhenkanal (Respondent No.4) forms the subject matter of the present appeals, which arise from a common judgment dtd. 3/11/2016 passed by the learned Single Judge in F.A.O. No.183 of 2011 and O.J.C. No.399 of 2002.

(2.) The background facts are that Respondent No.4 institution was established in 1985 for +2 courses. On 15/7/1985 an advertisement was issued for filling up of 3 Posts of Peons in the said institution. Admittedly, on 27/7/1985 the Selection Committee, met and evaluated the capabilities of seven candidates who appeared before it. These seven candidates included one Sri Kulamani Roul as well as the present Appellant Sri Lokanath Barik and Respondent No.1 Sri Basanta Kumar Barik. On 30/7/1985 on the basis of the mark sheet drawn up by the said Selection Committee, the Governing Body decided on filling up the first post of Peon by Sri Kulamani Roul, who admittedly was first in the merit list. The further admitted position is Respondent No.1 and the Appellant were in the second and third position respectively in the merit list. Both the Appellant and Respondent No.1 were appointed as Peons on 30/7/1985 and both of them joined on 5/8/1985. As far as Sri Kulamani Roul was concerned, he also joined on 5/8/1985.

(3.) Learned counsel appearing for the Appellant emphasizes that while Kulamani Roul joined at 11.10 am on 5/8/1985, the Appellant joined on the same date at 11.25 am and Respondent No.1 on the same day at 11.45 am.