AJIT KUMAR RATH Vs. STATE OF ORISSA
LAWS(SC)-1999-11-90
SUPREME COURT OF INDIA (FROM: ORISSA)
Decided on November 02,1999

AJITKUMAR RATH Appellant
VERSUS
STATE OF ORISSA Respondents





Cited Judgements :-

Union of India VS. Central Administrative Tribunal [LAWS(MAD)-2005-6-102] [REFERRED TO]
STATE OF TAMIL NADU VS. R C VIJAYALAKSHMI [LAWS(MAD)-2004-2-209] [REFERRED TO]
MRF LTD. VS. STATE OF KERALA [LAWS(KER)-2022-9-238] [REFERRED TO]
STATE OF TRIPURA VS. SAROJ BHATTACHARJEE [LAWS(TRIP)-2019-9-67] [REFERRED TO]
M JAGADEESAN VS. K SELVAM [LAWS(MAD)-2010-1-504] [REFERRED TO]
RAM SHIKSHA SADAN TRUST VS. PARAS EDUCATION TRUST [LAWS(GJH)-2004-4-72] [REFERRED TO]
GURMAIL SINGH VS. STATE OF PUNJAB [LAWS(P&H)-2007-7-231] [REFERRED]
KUSUMBEN NARANDAS PATEL VS. SWAMI GUNATITNAGAR CO OP HOUSING SOCIETY LTD [LAWS(GJH)-2008-3-103] [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. SHAGUFTA BANOO [LAWS(J&K)-2022-7-91] [REFERRED TO]
ASHA BHAWAR VS. DAYASHARAN SONKAR [LAWS(CHH)-2019-2-221] [REFERRED TO]
CEMENT CORPORATION OF INDIA LTD VS. ASWANI SINGH S/O RAJESHWAR SINGH [LAWS(CHH)-2019-11-43] [REFERRED TO]
DEEPAK KHOSLA VS. HONBLE HIGH COURT OF DELHI [LAWS(DLH)-2014-12-141] [REFERRED TO]
SUTESH KUMAR VS. UNION OF INDIA [LAWS(DLH)-2012-1-171] [REFERRED TO]
PROGRESSIVE CONSTRUCTIONS LTD VS. STATE OF ANDHRA PRADESH REVENUE (CT)-I, DEPARTMENT, REP , BY ITS PRINCIPAL SECRETARY TO GOVERNMENT AND OTHERS [LAWS(APH)-2017-11-73] [REFERRED TO]
COLLECTOR OF CUSTOMS BOMBAY VS. ELEPHANTA OIL AND INDUSTRIES LIMITED BOMBAY [LAWS(SC)-2003-1-109] [REFERRED TO]
ABDUL AZIZ KHAN VS. GHULAM MOHAMMAD LANGOO [LAWS(J&K)-2021-8-91] [REFERRED TO]
JAYASHREE JAYANTH VS. N.KRISHNASWAMY [LAWS(KAR)-2023-10-61] [REFERRED TO]
KAMRU AND ANOTHER VS. GOVARDHAN AND OTHERS [LAWS(CHH)-2014-4-54] [REFERRED]
BHANUPRATAP SHUKLA VS. CHHATTISGARH STATE POWER DISTRIBUTION CORPORATION LTD. [LAWS(CHH)-2015-8-55] [REFERRED TO]
SURENDRA KUMAR VS. UNION OF INDIA [LAWS(ALL)-2023-8-51] [REFERRED TO]
RAJENDRA PRASAD SAXENA AND ORS. VS. DISTRICT JUDGE, BUDAUN AND ORS. [LAWS(ALL)-2019-8-369] [REFERRED TO]
KAUSHILYA BAI SINHA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-4-197] [REFERRED TO]
STATE OF CHHATTISGARH VS. SOM DISTILLERY PVT. LTD. [LAWS(CHH)-2017-2-131] [REFERRED TO]
JATAN DEVI BOTHARA VS. USHA DEVI AGRAWAL [LAWS(CHH)-2019-7-174] [REFERRED TO]
SHRIMATI GITA BAI VS. SRIMATI SUKHBATI [LAWS(CHH)-2019-8-4] [REFERRED TO]
KAMAL SENGUPTA VS. STATE OF WEST BENGAL [LAWS(CAL)-2004-12-1] [REFERRED TO]
TAPAN KUMAR DUTTA VS. STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2008-4-116] [REFERRED TO]
BIBEKANANDA DAS VS. STATE OF ASSAM [LAWS(GAU)-2004-11-20] [REFERRED TO]
MANOJKUMAR B. PITHAYA VS. UNION OF INDIA AND ORS. [LAWS(CA)-2015-1-33] [REFERRED TO]
AJAY KUMAR SHARMA VS. UNION OF INDIA AND ORS. [LAWS(CA)-2015-4-47] [REFERRED TO]
DIRECTOR, ARUNODI APARTMENT PVT. LTD. VS. FATEMA BIBI [LAWS(GAU)-2024-3-40] [REFERRED TO]
ASSOCIATED CEMENT COMPANIES LTD VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2001-8-15] [REFERRED TO]
CO OPERATIVE AGRICULTURAL RURAL VS. BASANTI SWAIN [LAWS(ORI)-2003-3-47] [REFERRED TO]
M. GOWRISHANKAR VS. THE PRESIDING OFFICER AND ORS. [LAWS(MAD)-2015-6-21] [REFERRED TO]
PRAKASH NACHINOLKAR VS. STATE OF GOA [LAWS(BOM)-2013-11-155] [REFERRED TO]
SUBRAT BHOI AND ORS. VS. STATE OF ODISHA AND ORS. [LAWS(ORI)-2020-10-17] [REFERRED TO]
T VIJAYAN VS. DIV RAILWAY MANAGER [LAWS(SC)-2000-4-224] [RELIED]
KULWANT KUMAR KALSAN AND ORS. VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2015-4-92] [REFERRED TO]
COTTON CORPORATION OF INDIA LTD VS. NAVIN OIL AND GINNING FACTORY AND OTHER [LAWS(RAJ)-2018-10-12] [REFERRED TO]
RAJNI KOUL VS. SURINDER KUMAR [LAWS(J&K)-2022-4-86] [REFERRED TO]
STATE OF WEST BENGAL VS. KAMAL SENGUPTA [LAWS(SC)-2008-6-34] [REFERRED TO]
V. VINCENT VELANKANNI VS. UNION OF INDIA [LAWS(SC)-2024-9-78] [REFERRED TO]
PERRY KANSAGRA VS. SMRITI MADAN KANSAGRA [LAWS(SC)-2019-2-94] [REFERRED TO]
G GURUSWAMY VS. SAIKUMAR AND ORS [LAWS(MAD)-2013-11-311] [REFERRED]
AMRI KARBI DEVELOPMENTAL SOCIETY VS. STATE OF ASSAM [LAWS(GAU)-2020-12-17] [REFERRED TO]
SONIT KUMAR BORA VS. GAUTAM KUMAR DAS [LAWS(GAU)-2022-5-43] [REFERRED TO]
ARUN KUMAR SAXENA VS. STATE OF U P [LAWS(ALL)-2008-3-131] [REFERRED TO]
VE VAIRAPPAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2009-4-388] [REFERRED TO]
P KADHIRVEL VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2009-4-225] [REFERRED TO]
JINDAL STAINLESS LTD VS. UNION OF INDIA [LAWS(DLH)-2005-11-48] [REFERRED TO]
RAJENDRA KUMAR VS. GOVT OF NATIONAL CAPITAL TERRITORY OF DELHI [LAWS(DLH)-2006-10-86] [REFERRED TO]
AJAY KUMAR SRIVASTAVA VS. STATE OF U P [LAWS(ALL)-2000-2-117] [REFERRED TO]
SUDHIR KUMAR GUPTA VS. INDER CHAND JAIN [LAWS(DLH)-2006-2-138] [REFERRED TO]
NABIN BARDOLOI VS. STATE OF ASSAM [LAWS(GAU)-2001-10-31] [REFERRED TO]
A.D. TYAGI VS. UNION OF INDIA [LAWS(CA)-2014-9-27] [REFERRED TO]
DULAREY VS. RAM SEWAK [LAWS(ALL)-2021-9-34] [REFERRED TO]
STATE OF U. P. VS. SHYAM LAL [LAWS(ALL)-2021-8-30] [REFERRED TO]
SURESH SAI BHAGAT VS. STATE OF CHHATTISGARH [LAWS(CHH)-2011-12-3] [REFERRED]
RAM SHANKER VERMA VS. STATE OF U.P. THRU. PRIN. SECY. [LAWS(ALL)-2013-9-45] [REFERRED TO]
RISHAB JAIN VS. PREMLAL HALWAI [LAWS(CHH)-2019-7-189] [REFERRED TO]
STG. CONFERENCE OF PUBLIC ENTERPRISE VS. GOVT. OF N.C.T. OF DELHI [LAWS(DLH)-2020-1-85] [REFERRED TO]
N. Rudrmuni and Others VS. Department of Law Justice and Human Rights Government of Karnataka Through Prl. Secretary and Others [LAWS(KAR)-2013-9-425] [REFERRED TO]
C.T. ABDUL SATTAR VS. GNCT OF DELHI [LAWS(CA)-2013-5-2] [REFERRED TO]
S.R. CHAVAN VS. CEMENT CORPORATION OF INDIA [LAWS(CHH)-2007-10-24] [REFERRED TO]
NARAN DAS CHIMANLAL PATEL VS. SWAMI GUNATITNAGAR CO OP HOUSING SOCITY LTD [LAWS(GJH)-2008-3-7] [REFERRED TO]
MUKESH MASIH S/O DASHRATH MASIH VS. RAKESH SINGH W/O LATE BANMALI SINGH [LAWS(CHH)-2019-11-52] [REFERRED TO]
MUKESH MASIH VS. RAKESH SINGH [LAWS(CHH)-2019-11-53] [REFERRED TO]
UNION OF INDIA VS. LACHMAN SINGH [LAWS(CAL)-2005-8-10] [REFERRED TO]
SHRI RAM SAHU (DEAD) THROUGH LRS. VS. VINOD KUMAR RAWAT [LAWS(SC)-2020-11-7] [REFERRED TO]
BABLU GHOSH VS. AMRIT FRESH PRIVATE LTD. [LAWS(CAL)-2015-6-119] [REFERRED TO]
SAMAR ROY & ORS VS. PARTHA SARATHI SEN & ORS [LAWS(CAL)-2018-5-51] [REFERRED TO]
GOPAL SINGH CHANDEL K S CHANDEL VS. STATE OF M P [LAWS(MPH)-2006-3-124] [REFERRED TO]
JASSA RAM CHOUDHARY VS. UNION OF INDIA [LAWS(RAJ)-2013-5-44] [REFERRED TO]
SURAJIT DAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2012-9-113] [REFERRED TO]
ARVINDER SINGH BAINS VS. STATE OF PUNJAB [LAWS(SC)-2006-5-55] [REFERRED TO]
CHURAGU DEVI VS. RAM LAL [LAWS(HPH)-2023-7-49] [REFERRED TO]
UNION OF INDIA VS. REGISTRAR, CENTRAL ADMINISTRATIVE TRIBUNAL [LAWS(MAD)-2014-1-11] [REFERRED TO]
G.GURUSWAMY VS. SAIKUMAR, I.A.S. [LAWS(MAD)-2013-11-73] [REFERRED TO]
K C BAJAJ VS. STATE OF RAJASTHAN [LAWS(RAJ)-2001-8-36] [REFERRED TO]
NANU MAL PAHADIA VS. UNION OF INDI [LAWS(RAJ)-2013-5-45] [REFERRED TO]
VAIGAI AGRO PRODUCTS LTD. VS. ASSISTANT PROVIDENT FUND COMMISSIONER [LAWS(MAD)-2022-1-86] [REFERRED TO]
SILUVAI RAJAN @ M.S.RAJAN VS. GLORY STELLA BAI [LAWS(MAD)-2016-5-15] [REFERRED TO]
USHA RANJAN BHATTACHARJEE VS. STATE OF TRIPURA [LAWS(GAU)-2006-4-34] [REFERRED TO]
R V THAKKAR AND COMPANY VS. SHATRUGHAN LAL SINHA [LAWS(CHH)-2010-9-31] [REFERRED TO]
SURESH SAI BHAGAT VS. STATE OF CHHATTISGARH [LAWS(CHH)-2011-11-71] [REFERRED TO]
NARENDRA KUMAR CHANDRAVANSHI VS. COMMISSIONER DIVISION-DURG [LAWS(CHH)-2019-7-8] [REFERRED TO]
GURUMUKH DAS ADVANI (DEAD) VS. HARISHANKAR PANDEY [LAWS(CHH)-2019-9-82] [REFERRED TO]
STATE OF CHHATTISGARH VS. RAMENDRA PRASAD RATHORE [LAWS(CHH)-2020-11-81] [REFERRED TO]
MANGAL COMMERCIAL PVT. LTD. VS. UNION OF INDIA [LAWS(CHH)-2020-2-21] [REFERRED TO]
MOHAMMAD YOUSUF DAR VS. RAFIQA [LAWS(J&K)-2022-7-89] [REFERRED TO]
MEHRAJ VS. STATE OF J&K THROUGH COMMISSIONER/ SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, CIVIL SECTT., SRINAGAR/JAMMU [LAWS(J&K)-2015-9-41] [REFERRED TO]
PAWAN JINDAL AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(CA)-2015-9-18] [REFERRED TO]
M MOUTTOUCANNOU VS. UNION OF INDIA [LAWS(MAD)-2005-7-52] [REFERRED TO]
NAESH KAHAR AND OTHERS VS. SATYA NARAYAN PRASAD [LAWS(PAT)-2007-10-87] [REFERRED TO]
DAVE HARIHAR KIRITBHAI AND ORS. VS. SECURITIES AND EXCHANGE BOARD OF INDIA [LAWS(SB)-2015-3-2] [REFERRED TO]
PAWAN PRATAP SINGH VS. REEVAN SINGH [LAWS(SC)-2011-2-38] [REFERRED TO]
KARTICK CHANDRA GHOSH AND ORS. VS. KOLKATA MUNICIPAL CORPORTATION AND ORS. [LAWS(CAL)-2016-3-41] [REFERRED TO]
KM ARCHANA GUPTA VS. JOINT DIRECTOR OF EDUCATION BAREILLY [LAWS(ALL)-2002-5-91] [REFERRED TO]
AHMEDABAD MAHILA NAGRIK SAHAKARI BANK LTD VS. GUJARAT STATE CO-OPERATIVE TRIBUNAL [LAWS(GJH)-2011-12-228] [REFERRED TO]
THE SECRETARY, BANK EMPLOYEES UNION KOLHAPUR VS. THE CHAIRMAN AND THE MANAGING DIRECTOR, SANGLI DISTRICT CENTRAL CO-OP. BANK LTD. [LAWS(INDC)-2001-8-11] [REFERRED TO]
MYLAN (PREVIOUSLY MATRIX) LABORATORIES LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 VS. PFIZER INC., A US CORPORATION HAVING OFFICE AT EASTERN POINT ROAD, GROTON & OTHERS [LAWS(IP)-2013-11-5] [REFERRED TO]
NAZIR AHMAD DHAR VS. MUSTHAQ AHMAD DHAR [LAWS(J&K)-2021-5-55] [REFERRED TO]
UNION TERRITORY OF J&K VS. CHUNI LAL [LAWS(J&K)-2021-6-9] [REFERRED TO]
SH. BRIJ MOHAN VS. UNION OF INDIA THROUGH THE GENERAL MANAGER, NORTHERN RAILWAY, THE DIVL. RAILWAY MANAGER, NORTHERN RAILWAY, THE DIVL. PERSONNEL OFFICER, NORTHERN RAILWAY AND THE CHIEF CREW CONTROLLER, NORTHERN RAILWAY [LAWS(CA)-2014-4-57] [REFERRED TO]
M.R. DIWAN VS. UNION OF INDIA [LAWS(CA)-2014-7-67] [REFERRED TO]
ASHWANI KUMAR SHARMA VS. SECRETARY (R) CABINET SECTT. [LAWS(CA)-2015-1-74] [REFERRED TO]
SANTOSH KUMAR PATEL S/O BHARAT LAL PATEL VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-11-51] [REFERRED TO]
SHALIMAR ISPAT UDYOG VS. COMMISSIONER OF C. EX. & CUS. [LAWS(CHH)-2014-5-28] [REFERRED TO]
STATE OF CHHATTISGARH VS. PUNAI BAI [LAWS(CHH)-2015-12-61] [REFERRED TO]
MANOJ KUMAR MAHTO VS. UNION OF INDIA [LAWS(ALL)-2022-2-141] [REFERRED TO]
VINOD KUMAR VS. STATE OF U. P. [LAWS(ALL)-2022-9-170] [REFERRED TO]
HARIHAR CHANDRA BHANJDEO VS. KRISHANA KUMARI DEVI [LAWS(CHH)-2020-2-47] [REFERRED TO]
HINDUSTAN PETROLEUM CORPORATION LIMITED VS. NAVIN KUMAR CHOPDA [LAWS(CHH)-2021-6-99] [REFERRED TO]
VIJAY KUMAR KAUL VS. UNION OF INDIA [LAWS(DLH)-2006-11-99] [REFERRED TO]
PRAFULLA DEVIDAS KHAPARDE VS. STATE OF MAHARASHTRA [LAWS(BOM)-2008-4-302] [REFERRED]
MADHO SINGH VS. MUNICIPAL BOARD, SOJAT [LAWS(RAJ)-2013-8-11] [REFERRED TO]
R SARALA VS. CHANDRASEKAR [LAWS(MAD)-2012-1-314] [REFERRED TO]
ANURANJNA EKKA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2022-7-44] [REFERRED TO]
COMMISSIONER OF TAXES ASSAM VS. DHANANI SHOES LTD [LAWS(GAU)-2012-4-5] [REFERRED TO]
VIJAY KUMAR VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-7-9] [REFERRED TO]
TSEWANG DORJEY AND ORS. VS. UNION OF INDIA AND ORS. [LAWS(CA)-2015-9-53] [REFERRED TO]
ABDUL HAMID KHAN VS. UNION OF INDIA [LAWS(CA)-2013-12-1] [REFERRED TO]
G NARASIMHA RAO VS. REGIONAL JOINT DIRECTOR OF SCHOOL EDUCATION [LAWS(APH)-2003-11-87] [REFERRED TO]
SURAJIT DAS VS. STATE OF WEST BENGAL [LAWS(CAL)-2012-11-12] [REFERRED TO]
PARTH SARATHI SEN & ORS VS. REGISTRAR GENERAL, HIGH COURT, CALCUTTA & ORS [LAWS(CAL)-2017-5-104] [REFERRED TO]
GURU GHASIDAS CENTRAL UNIVERSITY VS. GANESH PRASAD SHUKLA [LAWS(CHH)-2019-1-284] [REFERRED TO]
CEMENT CORPORATION OF INDIA LTD. VS. NARAYAN PRASAD [LAWS(CHH)-2019-12-98] [REFERRED TO]
RAJESHWARI VS. MEHARUNNISHAN [LAWS(ALL)-2021-7-93] [REFERRED TO]
CHANDRA BHAN MAJOR VS. ADITYA PRAKASH [LAWS(ALL)-2021-9-87] [REFERRED TO]
S. HONNAMMA VS. STATE OF KARNATAKA [LAWS(KAR)-2023-2-166] [REFERRED TO]
CHANDRA MOHAN VS. SHANMUGAVALLI [LAWS(MAD)-2016-5-43] [REFERRED]
LRS OF JAIGOPALCHARYA VS. SHYAM PRAKASH [LAWS(RAJ)-2018-9-149] [REFERRED TO]
SANTOSH KUMAR PATEL VS. STATE OF CHHATTISGARH [LAWS(CHH)-2019-11-125] [REFERRED TO]
FADAL SON OF SHANKAR LAL (DEAD) VS. PRABHA DEVI (DEAD) [LAWS(CHH)-2019-7-175] [REFERRED TO]
STEPHONOS MAR THEODOSIUS (DIED) VS. WAMAN RAO, SHRI DHAR JOSHI (WS JOSHI) [LAWS(CHH)-2019-3-259] [REFERRED TO]
C.D. TIRKEY VS. STATE OF CHHATTISGARH [LAWS(CHH)-2013-11-1] [REFERRED TO]
JEET RAM YADAV VS. STATE OF CHHATTISGARH [LAWS(CHH)-2016-2-70] [REFERRED]
SHRIJAN BUILDERS, (REGISTERED PARTNERSHIP) VS. STATE OF CHHATTISGARH [LAWS(CHH)-2015-8-54] [REFERRED TO]
GIRISH CHANDRA SRIVASTAVA VS. STATE OF U P [LAWS(ALL)-2003-10-9] [REFERRED TO]
MESSER GRIESHEIM GMBH VS. GOYAL MG GASES PVT. LTD [LAWS(DLH)-2013-11-223] [REFERRED TO]
B B PATHAK VS. STATE OF GUJARAT [LAWS(GJH)-2002-1-61] [REFERRED]
PRONABENDRA CHAKRABORTY VS. SECRETARY (R) CABINET SECTT. [LAWS(CA)-2015-1-65] [REFERRED TO]
RAJIV KUMAR VIRMANI VS. UNION OF INDIA AND ORS. [LAWS(CA)-2015-4-46] [REFERRED TO]
PENUGONDA SEETHARAMAIAH VS. SYED CHINNA DASTAGIRI SAHEB [LAWS(APH)-2022-1-133] [REFERRED TO]
KERALA STATE ELECTRICITY BOARD VS. THOMAS ALAPPATT [LAWS(KER)-2020-4-3] [REFERRED TO]


JUDGEMENT

S. Saghir Ahmad, J. - (1.)Appellant, who held a Degree in Engineering, was appointed as an Overseer on 23-3-1965 in the Sub-ordinate Engineering Service which is governed and regulated by the Orissa Service of Engineer Rules, 1941 (for short, 'the Rules'). There were many other Overseers who were only Diploma-holders. On and from 1-5-1965, the appellant was redesignated as Junior Engineer to distinguish him from other members of the Subordinate Engineering Service who were only Diploma-holders. It was, according to him, merely a functional designation. In spite of this designation, he was still described and designated as Subordinate Asstt. Engineer in the order dated 12-5-1969 by which he was transferred. The Overseers in the State of Orissa, are, undisputedly, known as Subordinate Asstt. Engineer.
(2.)On 7-8-1972, appellant, along with a number of other officers, was promoted as Asstt. Engineer (Civil) on ad hoc basis. Since the posts of Asstt. Engineer (Civil) were within the purview of the Orissa Public Service Commission, it was indicated in the order of promotion that the promotion was for a period of six months or till the receipt of concurrence of the Orissa Public Service Commission, whichever was earlier. The services of the appellant on the post of Asstt. Engineer (Civil) were regularised by order dated 17-7-1976 as concurrence of the Orissa Public Service Commission had, in the meantime, been received.
(3.)Respondents 2 to 11 (for short, 'the respondents') and other officers were directly recruited as Asstt. Engineers on various dates between 7-1-1972 and 12-9-1972.


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