BAKUL KUMAR MISHRA Vs. UNION OF INDIA
LAWS(ORI)-2020-12-13
HIGH COURT OF ORISSA
Decided on December 11,2020

Bakul Kumar Mishra Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

K.R.MOHAPATRA,J. - (1.) This writ petition has been filed calling in question the legality and propriety of the order dated 16.04.2002 (Annexure-6) passed by the Full Bench of the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. 1525 of 2001 and the order dated 18.07.2003 (Annexure-7) passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 276 of 1993 filed by the present petitioner.
(2.) The case of the petitioner has a chequered career. The petitioner was an ex-army personnel for twelve years. After taking retirement from the defence service, the petitioner pursuant to an advertisement dated 21.02.1972 applied for the post of Assistant Commandant in Class-II Cadre of the Odisha Military Police. On being successful in the interview, he got selected and joined as Assistant Commandant on 16.11.1972. Before joining in the Odisha Military Police Service, the petitioner had rendered five years eleven months and two days of approved commissioned service out of his twelve years career in defence service. Thus, he made a representation to the Secretary, Government of Odisha, Home Department, Bhubaneswar-opp. party no. 2 to fix seniority taking into consideration his past service in the Army and to antedate his date of joining in the Odisha Military Police. He also requested the opp. party no. 2 to re-fix his scale of pay accordingly. The State Government vide its letter dated 18.01.1978 granted the benefit of military service from 30.08.1964 to 31.07.1970 to the petitioner. Accordingly, a revised gradation list was published and circulated, wherein the petitioner was placed at Sl. No. 9, whereas the name of one Shri Gopabandhu Biswal was placed at Sl. No. 10 in the cadre of Assistant Commandant. When the matter stood thus, said Gopabandhu Biswal moved this Court in OJC No. 2414 of 1982 challenging the action of the State Government in not considering his case for promotion as Deputy Superintendent of Police in the I.P.S. Cadre. After creation of the Central Administrative Tribunal pursuant to the enactment of the Administrative Tribunal Act, 1985, the writ petition was transferred to the Central Administrative Tribunal, Cuttack Bench, Cuttack (for short "the Tribunal") and the same was registered as T.A. No. 1 of 1989. Vide order dated 24.12.1991, said T.A. was disposed of directing the State Government to consider the case of Shri Gopabandhu Biswal for promotion in the cadre of I.P.S. in respect of the vacancies available from 1977 till January, 1980. The judgment passed by learned Tribunal in T.A. No.1 of 1989 was challenged by the State of Odisha and others before the Hon'ble Apex Court in SLP(C) No. 7479 of 1992, which was dismissed on 03.08.1992.
(3.) The petitioner being better placed than that of Shri Biswal submitted a representation to the Government of Odisha on 17.09.1992 for consideration of his case for promotion to the rank of Deputy Superintendent of Police in the cadre of I.P.S. in the light of the decision of Shri Biswal in T.A. No. 1 of 1989. Since his representation was not considered, he filed O.A. No. 276 of 1993 before the Tribunal challenging the action of the authorities in not considering his case for promotion in the cadre of I.P.S. and prayed for a direction for consideration of his case in the light of the decision rendered in T.A. No.1 of 1989. Along with other averments, the petitioner had specifically asserted that the petitioner being senior to Shri Biswal in the cadre of Assistant Commandant in Orissa Military Police Service, is entitled to the benefit as that of Shri Biswal, which was conferred pursuant to the judgment passed in T.A. No. 1 of 1989. Two other Original Applications, i.e. O.A. Nos. 277 and 278 of 1993, were also filed by Shri G.P. Mishra and Shri Nursinghanath Panda respectively before the Tribunal claiming the self-same relief as that of the petitioner.;


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