Supreme Court of India · 2015-10-16
Pratap Kishore Panda & Ors vs Agni Charan Das & Ors
- Court
- Supreme Court of India
- Petitioner
- Pratap Kishore Panda & Ors
- Respondent
- Agni Charan Das & Ors
- Author
- Vikramajit Sen
- Bench
- Prafulla C. Pant, Vikramajit Sen
Judgment text excerpt
The Supreme Court upheld the decision of the Orissa Administrative Tribunal which declared the fixation of seniority and promotions of ad hoc appointees over OPSC selected candidates as illegal, citing Rule 3 of the Orissa Ministerial Service Rules, 1951 and Section 9(4) of the O.R.V. Act. The Court established that seniority must be determined based on the date of appointment, and that regularized candidates cannot be placed above OPSC selected candidates appointed on the same day. The Court affirmed the Tribunal's ruling that the gradation list prepared in consequence of the government resolution was contrary to law, ensuring that the seniority rights of OPSC selected candidates were protected.