BINAPANI PANDA Vs. ACHARYA HARIHAR REGIONAL CANCER
LAWS(ORI)-2020-3-8
HIGH COURT OF ORISSA
Decided on March 05,2020

Binapani Panda Appellant
VERSUS
Acharya Harihar Regional Cancer Respondents

JUDGEMENT

Biswanath Rath, J. - (1.) This writ petition involves the following prayer: Under the aforesaid facts and circumstance the petitioner humbly prays that this Hon ble Court may graciously be pleased to, 1. Quash the impugned gradation list published vide order No.2223 dt.20.5.14 as at Annexure-6. 2. Direct/Order that the revised correct gradation list shall be published placing the petitioner above the opposite party No.2. 3. Pass such other orders as may be deemed fit and proper in the interest of justice. And for this act of kindness the petitioner as in duty bound shall ever pray.
(2.) Short background involving the case is an advertisement was made by opposite party no.1 inviting application for the post of Staff Nurse. Advertisement made it clear three regular posts were made available for the post of Staff Nurse. One post was kept vacant for Schedule Caste, one post for Schedule Tribe and one post for General candidate. Further the undisputed fact is that on 3.4.1997, selection for the post of Staff Nurse was conducted by the Staff Selection Committee. Petitioner secured second position against SEBC category, opposite party no.2 secured first position amongst general candidates. On 11.4.1997, petitioner was appointed as a Staff Nurse in the regular vacancy. Opposite Party No.2 was also appointed as a Staff Nurse but as against temporary post for a period of six months. It is consequent upon such appointments, petitioner joined in the post as a Regular Staff Nurse on 15.4.1997 and opposite party no.2 joined as Temporar Staff Nurse on 17.4.1997. While the matter stood thus as above, opposite party no.2 was made Regular Staff Nurse on the availability of regular post of Staff Nurse in the year 1997. Pleading further disclose Final Gradation List prepared on 30.12.1999, petitioner was positioned at Serial No.11 in the gradation list and opposite party No.2 was placed there in Serial No.12 particularly in the Staff Nurse category. It is alleged that in the year 2012, a Provisional Gradation List was prepared disclosing therein the position of the petitioner at Serial No.5 whereas the position of the opposite party no.2 above the petitioner at Serial No.4. Finding this irregularity in the Provisional Gradation List before preparation of Final Gradation List, petitioner submitted an objection. It is alleged that in spite of objection being filed by the petitioner, the Final Gradation List was again published on 20.05.2014, vide Annexure-6 wrongly showing the position of the petitioner at Serial No.5 and the position of opposite party no.2 at Serial No.4.
(3.) For the factual background indicated above and for the petitioner being appointed as a Regular Staff Nurse ahead of opposite party no.2, petitioner claimed that positioning the petitioner in the Gradation Lists below opposite party no.2 becomes bad.;


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