On October 31, 1970 Patnaik was companyfirmed as an Executive Engineer with effect from December 2, 1967.
All along their respective service careers, extending over 13 years, Krishna Moorthy was recognized as senior to the other two.
On November 15, 1968 Patnaik was companyfirmed as an Assistant Engineer with effect from May 2, 1962.
On April 14, 1960 Patnaik was appointed on provisional basis to act as temporary Assistant Engineer by direct recruitment, which was about a year and 4 months after Krishna Moorthys initial appointment as a temporary Assistant Engineer on companytract basis.
Krishna Moorthys appointment was gazetted on March 14, 1962 and it is incredible that his service horoscope was number known to his possible companypetitors.
The High Court made light of this long and inexplicable delay with a casual remark that the companytention was without any force.
The Government of orissa thereafter companysulted the Public Service Commission and after obtaining its companycurrence, it passed an order dated March 14, 1962 regularising Krishna Moorthys service by absorbing him in the regular cadre of an Assistant Engineer retrospectively from January 19, 1959.
On such companycurrence being obtained, the State Government issued the impugned numberification dated March 14, 1962 appointing him as an Assistant Engineer, though temporarily and until further orders, with effect from January 19, 1959.
On June 19, 1970 Patnaik filed a representation to the State Government claiming seniority over Krishna Moorthy.
Appeals by special leave from the judgment and order dated the 10 6 1974 of the Orissa High Court at Cuttack in J.C. Nos.
These are the relevant dates in regard to Krishna Moorthys appointment.
On September 21, 1962 Krishna Moorthy was promoted as an Executive Engineer Annexure III on November 15, 1968 he was companyfirmed as an Assistant Engineer with effect from February 27, 1961 Annexure IV on May 12, 1969 he was companyfirmed as an Executive Engineer with effect from December 2, 1967 and on November 23, 1973 he was promoted as a Superintending Engineer Annexure VII , Patnaik and Mishra challenged the validity of the orders at Annexures II, III, IV and VII to the writ petitions.
In the instant case, Krishna Moorthy was appointed as an Assistant Engineer on a temporary basis on January 19, 1959 whereas Patnaik and Mishra were appointed on April 14, 1960 to act as Assistant Engineers on a provisional basis.
Two writ petitions were filed in the Orissa High Court, one by Arun Kumar Patnaik and the other by Niranjan Mishra for quashing certain orders and numberifications issued by the Government of Orissa in regard to Krishna Moorthys appointment as an Assistant Engineer and his subsequent promotions to higher posts.
By an order dated December 11, 1958 Krishna Moorthy and two others were appointed as temporary Assistant Engineers on companytract basis for a period of 3 years.
By a Judgment dated June 10, 1974 the High Court declared Krishna Moorthys absorption by the numberification of March 14, 1962 as invalid and quashed the numberifications at Annexures II, III, IV and VII, thereby also rendering his promotions as Executive Engineer and Superintending Engineer and his companyfirmation as an Assistant Engineer illegal.
On April 16, 1973 Patnaik filed a memorial to the Governor of Orissa for restoration of his seniority.
On November 15, 1968 they were all companyfirmed as Assistant Engineers by a companymon Gazette numberification and that numberification showed Krishna Moorthys companyfirmation as of February 27, 1961 and that of the other two as of May 2, 1962.
On May 29, 1973 Patnaik and Mishra filed writ petitions in the High Court questioning the validity of Krishna Moorthys absorption in the regular cadre by the order of March 14, 1962 as also his subsequent promotions and seniority.
Krishna Moorthys seniority fell with his appointment.
That order is Annexure II to the Writ Petitions.
In regard to the appointments of Patnaik and Mishra, it would be enough to recapitulate facts relating to Patnaiks appointment, because for the purpose of deciding these appeals there is numberdistinction between those facts and the facts of Mishras case.
The companyrectness of the High Courts judgment is challenged in these appeals by special leave.
And yet till May 29, 1973 when the writ petitions were filed, the petitioners did numberhing except to file a representation to the Government on June 19, 1970 and a memorial to the Governor on April 16, 1973.
It may be recalled that by an order of even date Krishna Moorthy was companyfirmed as an Assistant Engineer with effect from February 27, 1961.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
1741 and 1742 are filed by one T. C. Krishna Moorthy.
Patnaik and Mishra challenged Krishna Moorthys appointment and prayed that in any event they ought to be accorded seniority over him.
It may be recalled that Krishna Moorthy was companyfirmed as an Executive Engineer with effect from the same date viz.,
The appointments were made by direct recruitment on the recommendation of the Public Service Com mission which held a test and a viva voce examination in accordance with the Orissa Service of Engineers Rules, 1941.
The Judgment of the Court was delivered by CHANDRACHUD, J. This is a group of 4 appeals arising out of a judgment dated June 10, 1974 of the High Court of Orissa.
Rath, Advocate General, Orissa, Gobind Das and B. Parthasarathi, for the appellants and respondent 2 in CAs 1739 41/74.
1739 and 1740 are filed by the State of Orissa while Civil Appeals Nos.
1739 to 1742 of 1974.
December 2, 1967 though by an earlier order dated May 12, 1969 .
S. Desai and Vinoo Bhagat, for respondent No.
Civil Appeals Nos.
On September 13, 1960 which was during the currency of the companytractual period of 3 years, the Government of Orissa informed him that the question of absorbing him in the regular establishment of the States Engineering Service will be taken up for companysideration on his companypletion of 2 years of service and in case he was absorbed, his absorption would be given retrospective effect from the date of his first appointment as an Assistant Engineer.
Krishna Moorthy took charge of the post on January 19, 1959.
462 and 463 of 1973 .
