ANAND CHANDRA DASH versus STATE OF ORISSA AND ORS.

ANAND CHANDRA DASH versus STATE OF ORISSA AND ORS.

Appellant's unwillingness and never accepting condition for seniority from date of joining Labour Department means his prior service must be counted for seniority determination; Tribunal erred in ignoring past service.

Parties
Appellant: Anand Chandra Dash; Respondents: State of Orissa and Ors.
Jurisdiction
India
Judgment Date
13 January 1998
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal allowed
Legal Topics
Seniority Fixation, Inter Department Transfer, Promotion, Retiral Benefits
Service Law Seniority Fixation Inter Department Transfer Promotion Retiral Benefits

Case Brief

Summary, issues, holding and outcome

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Parties

Anand Chandra Dash

Appellant

State of Orissa and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether appellant’s prior service as Senior Auditor in Revenue and Excise Department should count for seniority in Labour Department
  2. 2 Whether appellant was entitled to notional promotion and recalculation of retiral benefits

Ratio Decidendi

Appellant's unwillingness and never accepting condition for seniority from date of joining Labour Department means his prior service must be counted for seniority determination; Tribunal erred in ignoring past service.

Court Disposition

Appeal allowed

Orders

  • Labour Department to determine seniority by including service from 28.10.1966
  • If suitable, notional promotion to be given