Jagdish Ch. Patnaik & Ors. Etc., ... vs State Of Orissa & Ors., State Of Orissa & ... on 7 April, 1998
The petitioners herein were not party to the aforesaid O.A. According to the
learned Counsel for the petitioners, the petitioners are the promotees, SIs and
their services were regularized in the year 2012 and 2013 as stated in the
paragraph 7 and 8 of the affidavit accompanying the writ petition. Therefore,
submission of the learned Counsel for the petitioners is that in terms of the
Judgment of the Hon'ble Supreme Court in the case of Jagdish Ch. Patnaik -
versus State of Orissa, AIR 1998 SC 1926 and also in terms of the para 2.21 of
the Police Manual, the seniority of the petitioners are to be counted from the
date of their permanent appointment/regularization which is much prior to the
date of permanent appointment of the respondents, who were applicants in the
aforesaid O.A., i.e. 13.5.2014. Therefore, it is submitted that since valuable
rights of the petitioners are affected by the impugned order of the Central
Administrative Tribunal, which has been passed without hearing them and
consequently, the writ petition is maintainable.