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1 - 10 of 40 (0.64 seconds)Pawan Pratap Singh & Ors vs Reevan Singh & Ors on 10 February, 2011
28. A Bench of three learned Judges of this Court in P.
Sudhakar Rao v. U. Govinda Rao [P. Sudhakar Rao v. U.
Govinda Rao, (2013) 8 SCC 693 : (2014) 1 SCC (L&S) 690]
has approved the law as laid down by this Court in Pawan
Pratap Singh [Pawan Pratap Singh v. Reevan Singh, (2011) 3
SCC 267 : (2011) 1 SCC (L&S) 481]"
Article 16 in Constitution of India [Constitution]
Jagdish Ch. Patnaik & Ors. Etc., ... vs State Of Orissa & Ors., State Of Orissa & ... on 7 April, 1998
In our
considered opinion, the law on the issue is correctly declared
in Jagdish Ch. Patnaik [Jagdish Ch. Patnaik v. State of Orissa,
(1998) 4 SCC 456 : 1998 SCC (L&S) 1156] and consequently
we disapprove the norms on assessment of inter se seniority,
suggested in N.R. Parmar [Union of India v. N.R. Parmar,
(2012) 13 SCC 340 : (2013) 3 SCC (L&S) 711] .
Direct Recruit Class Ii Engineering ... vs State Of Maharashtra And Ors on 2 May, 1990
This principle has been built upon by a line of
precedents starting with the decision of the Constitution Bench
W.P.(C) No.37471 of 2020 and batch Page 61 of 68
Signature Not Verified
Digitally Signed
Signed by: CHITTA RANJAN BISWAL
Designation: A.R.-Cum-Sr.Secretary
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 03-Jun-2025 15:45:15
of this Court in Direct Recruit Class II Engg. Officers' Assn. v.
State of Maharashtra, followed in Akhouri Sachindra Nath
(supra), Dinesh Kumar Sharma (supra) and several other
cases."
Article 309 in Constitution of India [Constitution]
State Of Bihar And Others Etc vs Akhouri Sachindra Nath And Others Etc on 19 April, 1991
This principle has been built upon by a line of
precedents starting with the decision of the Constitution Bench
W.P.(C) No.37471 of 2020 and batch Page 61 of 68
Signature Not Verified
Digitally Signed
Signed by: CHITTA RANJAN BISWAL
Designation: A.R.-Cum-Sr.Secretary
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 03-Jun-2025 15:45:15
of this Court in Direct Recruit Class II Engg. Officers' Assn. v.
State of Maharashtra, followed in Akhouri Sachindra Nath
(supra), Dinesh Kumar Sharma (supra) and several other
cases."
P. Sudhakar Rao & Ors vs U. Govinda Rao & Ors on 3 July, 2013
28. A Bench of three learned Judges of this Court in P.
Sudhakar Rao v. U. Govinda Rao [P. Sudhakar Rao v. U.
Govinda Rao, (2013) 8 SCC 693 : (2014) 1 SCC (L&S) 690]
has approved the law as laid down by this Court in Pawan
Pratap Singh [Pawan Pratap Singh v. Reevan Singh, (2011) 3
SCC 267 : (2011) 1 SCC (L&S) 481]"
K. Meghachandra Singh And 6 Ors vs Ningam Siro And 42 Ors on 24 May, 2019
29. It is true that, the principles in K. Meghachandra Singh and
others (supra) has not been unsettled in Hariharan and others
(supra) despite the matter is referred for adjudication to a larger
Bench. Nonetheless, the question is of two sets of employees in
the same cadre when appointed in the same calendar year, their
W.P.(C) No.37471 of 2020 and batch Page 67 of 68
Signature Not Verified
Digitally Signed
Signed by: CHITTA RANJAN BISWAL
Designation: A.R.-Cum-Sr.Secretary
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 03-Jun-2025 15:45:15
merit has to be ascertained in order of their appointments made
in the same year. So the conclusion is whoever saw the light of
day earlier came into existence early than the other who came
later and accordingly, the persons appointed earlier are treated as
senior to those appointed later. The submissions of private
Opposite Parties to stretch the meaning of the word 'year' as a
'recruitment year' other than the meaning defined in Section
2(1)(j) of the Rules is not found acceptable. So the seniority of
the persons appointed to the cadre earlier on 27.1.2016 and
18.5.2016 are treated to be senior to the persons appointed
subsequently in the same year. Thus the impugned Gradation
List dated 11.6.2020, which is the subject matter of challenge in
all the writ petitions, needs to be revised accordingly.
Rajesh Kumar Singh And Another vs Rajeev Nain Upadhyay And 24 Others on 4 December, 2019
For
the said proposition, the Division Bench made detailed
discussions in paras 46, 47, 48 and 49 of the judgment [Rajesh
Kumar Singh v. Rajeev Nain Upadhyay, 2019 SCC OnLine All
4782] and relied upon a number of case laws. In our
considered view, this issue was not at all relevant. The said
issue does not arise in the present case. The appellants/original
writ petitioners had never challenged the selection process.
The challenge was only to preparation of the seniority list. As
such, this discussion by the Division Bench is totally
irrelevant."