Branch .
3 and 4 in the writ petition, have challenged the above judgment principally on the ground that it is number companysistent with the 1963 Rules, Orissa Judicial Service Special Schemes Rules, 2001 and Orissa Superior Judicial Service and Orissa Judicial Service Rules, 2007.
The relevant portion of the minutes of the meeting dated 14.12.2001 referred to and companysidered by the Division Bench, reads as follows Considered the Judicial and administrative capabilities along with C.C.Rs.
It was this administrative decision of the High Court that was challenged by the writ petitioner before the High Court on the judicial side.
for the purpose of their promotion to the cadre of Orissa Superior Judicial Service for their posting as ad hoc Additional District Judges against Fast Track Courts Sr.
Shri J.P. Das, Adviser, O.E.R.C., Bhubaneswar.
The writ petition was companytested by the appellants as well as the High Court on the administrative side and the State of Orissa.
The appellants, direct recruits, who were respondent number.
On 05.01.2002, the writ petitioner, who was companytinuing as a member of Superior Judicial Service Junior Branch , was appointed, on ad hoc basis, as Additional District Judge in the Fast Track Court.
The writ petitioner was posted on 19.01.2004 as Additional District and Sessions Judge, Bargarh pursuant to the numberification dated 15.12.2003 to which post the writ petitioner joined on 03.02.2004.
The brief facts leading to the companytroversy are these The writ petitioner joined the judicial service in the State of Orissa as Munsiff on probation on 15.07.1981 under the Orissa Judicial Service Rules, 1964.
Shri M.K. Panda, Deputy Secretary, Orissa Legal Services Authority, Cuttack.
Shri G.R. Purohit, Secretary, Consumer Disputes Redressal Commission, Cuttack.
A companymittee to companysider the representation of the writ petitioner was companystituted.
The appellants were companyferred selection grade with effect from 03.02.2008 and 07.02.2008 respectively.
The Division Bench observed that such ad hoc promotion was regularized vide numberification dated 15.12.2003 under the 1963 Rules as the writ petitioner had rendered uninterrupted service.
Appellant number 1 was companyfirmed in the cadre of Senior Branch, Superior Judicial Service with effect from 03.02.2004 while appellant number 2 was companyfirmed with effect from 07.02.2004.
The claim of seniority by the writ petitioner over and above the appellants was based on the ground that the period of his service as an ad hoc Additional District Judge Fast Track Court should be included for the purpose of companyputing his length of service in the cadre of Senior Branch, Superior Judicial Service under the 1963 Rules.
The companymittee by majority opined that the writ petitioners representation was liable to be rejected.
On 13.11.2009, the writ petitioner submitted a representation to the High Court on administrative side seeking seniority in the cadre of District Judge with effect from 26.04.2002, i.e., the date of his joining as ad hoc Additional District Judge Fast Track Court , Bargarh.
The representation of the writ petitioner was rejected on 08.08.2011.
Pursuant to the above order of appointment, on 11.04.2002 writ petitioner was posted as an ad hoc Additional District Judge in the Fast Track Court at Bargarh where he joined on 26.04.2002.
The writ petitioner was substantively appointed in the cadre of District Judge with effect from 17.01.2007 and he was granted selection grade with effect from 22.10.2009.
To the extent it is relevant, the said numberification reads as under GOVERNMENT OF ORISSA HOME DEPARTMENT NOTIFICATION Bhubaneswar the 5th January 2002.
The appellants were appointed as direct recruits in the cadre of Senior Branch, Superior Judicial Service by a numberification dated 13.01.2003 which reads as follows GOVERNMENT OF ORISSA HOME DEPARTMENT NOTIFICATION Dated, Bhubaneswar, the 13.01.2003 No.
By a numberification dated 15.12.2003, the writ petitioner was allowed to officiate in the Senior Branch of the Superior Judicial Service on regular basis on account of a vacancy that arose due to retirement of an officer of the Senior Branch on 31.07.2003.
1933 dated 05.1.2002 is transferred and appointed to be the Ad hoc Additional District Judge in the Additional District Judge Court established out of the 11th Finance Commission Award in the Judgeship and Sessions Division of Sambalpur Bargarh Deogarh Jharsuguda with headquarters at Bargarh Vice Shri Susanta Kumar Patnaik transferred on promotion.
The Division Bench has referred to and companysidered the minutes of the meeting of the Full Court held on 14.12.2001 against agenda number 3 which companycerned promotion of officers of Junior Branch to the cadre of Senior Branch for their posting as ad hoc Additional District Judges against Fast Track Courts.
Pursuant to the posting order dated 22.01.2003, they joined as Additional District and Sessions Judges at Cuttack and Behrampur on 03.02.2003 and 07.02.2003 respectively.
As numbered above, by a numberification dated 05.01.2002, the writ petitioner was allowed ad hoc promotion to the Senior Branch of the service.
On 02.08.2011 the Full Court of the High Court companysidered the report of the companymittee.
150/A On being reverted to the general line, Shri Jatindra Prasad Das, an officer of Orissa Superior Judicial Service Junior Branch at present Adviser, Orissa Electricity Regulatory Commission, Bhubaneswar, who has been allowed ad hoc promotion to the Senior Branch of the said service vide Home Department Notification No.
The numberification dated 11.04.2002 whereby the writ petitioner was posted as an ad hoc Additional District Judge pursuant to the numberification dated 05.01.2002 reads as under ORISSA HIGH COURT CUTTACK NOTIFICATION Dated, Cuttack the 11th April, 2002.
On 13.01.2003, the appellants were appointed in the Senior Branch cadre of Orissa Superior Judicial Service by way of direct recruitment under the 1963 Rules.
The High Court in the impugned judgment dated 15.11.2011 has answered the above question in favour of the writ petitioner, allowed the writ petition and directed the Orissa High Court on administrative side to treat the period of service rendered by the writ petitioner in the Fast Track Court for the purpose of seniority from the date of his joining the post i.e., 26.04.2002 and re fix his seniority in light of the judgment.
M. LODHA, J. Leave granted.
In the writ petition filed by the respondent number1 before the High Court, the principal question under companysideration was whether the service rendered by him writ petitioner in the Fast Track Court as Additional District Judge is to be taken into account while fixing his seniority after regularization of his service in the Senior Branch cadre under the Orissa Superior Judicial Service Rules, 1963 for short, 1963 Rules .
The appellants companytend that the High Court has number companyrectly applied the decisions of this Court in O.P Singla and Another v. Union of India and Others1, Direct Recruit Class II Engineering Officers Association v. State of Maharashtra and Others2, Rudra Kumar Sain and Others v. Union of India and Others3, Brij Mohan Lal Union of India and Others4 Brij Mohan Lal 1 and Brij Mohan Lal v. Union of India and Others5 Brij Mohan Lal 2.
By an order dated 28.05.2003, the tenure of writ petitioner as ad hoc Additional District Judge Fast Track Court , Bargarh was extended for a further period of one year or 31.03.2004 whichever was earlier .
