ABINASH MOHAPATRA Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) THE Petitioner was appointed as a Sub -Assistant Engineer on 1 -6 -1966 after obtaining a Bachelor 's Degree in Engineering and came to be known as a Junior Engineer. Opposite parties 3, 4, 5 and 6 were appointed as Sub - Assistant Engineers on 14 -10 -1965, 17 -12 -1965, 13 -8 -1966 and 14 -7 -1966 respectively. They were appointed as Junior Engineers on becoming associate members of the Institute of Engineers (India) on 31 -7 -1966 so far as opposite parties 3 and 4 are concerned and un 13 -8 -1966 and 12 -11 -1966 respectively so far as opposite parties 5 and 6 are concerned. Petitioner claims that opposite parties 3 to 6 are all juniors to him in the cadre of Junior Engineers. The Orissa Junior Engineers ' Cadre (Recruitment and Condition of Service) Rules, 1972, framed under powers conferred by the Proviso to Article 309 of the Constitution and first published on 16th November, 1972 to take effect from 1st January, 1972, made provision for seniority of officers in the cadre in Rule 16. Sub -rule (2) applied to officers who became members of the Service on the date of commencement of the Rules, because they had been appointed earlier. Sub -rule (2)(d) provides:

(2.) A counter affidavit has been filed on behalf of opposite parties 1 and 2 wherein the stand of Petitioner has been disputed.

(3.) OPPOSITE parties, on the other hand, have taken the stand that for associate membership, examinations under two Sections called A and B are prescribed and one of the qualifications for membership is passing of such examinations. In support of this stand the Bye -laws of the Institute appearing in the Directory of 1967 -68 have been placed before us.