In companysonance with the stated practice, the respondent officials, in the present instance, were given 1973 as their year of allotment, although in actual point of time they took up service on varying dates in the year 1975.
2 SCR 644 and a three Judge Bench affirmed the views taken by the Orissa High Court.
The petition for special leave to appeal from the judgment of the Orissa High Court was then dismissed in limine by the Supreme Court.
The said decision of the Orissa High Court came up for companysideration in Nityananda Kar vs. State of Orissa 1990 Supp.
In the said application, the appellants herein, inter alia, prayed for a direction upon Respondent Nos.1 to 3 to fix their seniority by placing them above the private respondents and grant companysequential career benefits to them.
By virtue of Section 2, the Orissa Administrative Service, Class II Appointment of Officers Validation Act, 1987 Validation Act , is sought to be amended such that certain direct recruits of the Orissa Administrative Service for the year 1973, who were, however, appointed in 1975, are accorded a relative seniority with respect to those merger recruits who were born in the said service by virtue of the prior merger of their parent cadre, the Orissa Subordinate Administrative Service O.S.A.S. with the O.A.S., Class II O.A.S. II on December 21, 1973.
The companyplete and final merger of these branches by virtue of the governmental resolution in this behalf, dated December 21, 1973, resulted in the creation of a single integrated Orissa Administrative Service Class II.
In the writ petition also, the petitioners have prayed for quashing of the Orissa Administrative Service Class II Appointment of Officers Validation Amendment Ordinance, 1992, which is subsequently replaced by the Act, as also for a declaration that the said Ordinance Act is inapplicable in the case of the petitioners and in any event the same cannot be applied retrospectively.
The petitioners in the writ petition as well as the appellants in civil appeal were members of the Orissa Subordinate Service Class III, which was designated as Orissa Administrative Service Junior Branch following its proposed and partial merger, on January 7, 1972, with the Orissa Administrative Service II, which, in turn, came to be known as Orissa Administrative Service Senior Branch .
The appeal arises out of a judgment and order dated 23.4.1991 passed by the Orissa Administrative Tribunal at Bhubaneswar in Transferred Application No.402 of 1986.
N. KHARE, C.J.I. Validity of Section 2 of the Orissa Administrative Service, Class II Appointment of Officers Validation Amendment Act, 1992 hereinafter referred to as the Act is in question in this writ petition and appeal.
The companycept of year of allotment, in the particular companytext of the 1973 Merger, was first assailed before the Orissa High Court with respect to those direct recruits who were companyferred 1970 and 1971 as their respective years of allotment, although they in material point of time were born in the service by virtue of their actual appointment on a subsequent date.
The petitioners and appellants, being mergerists who were born in the integrated service on the date of merger, that is December 21, 1973, were thereby denied seniority with respect to the direct recruits, by virtue of the principle of year of allotment.
