DEBABRATA DASH AND ANR. versus JATINDRA PRASAD DAS & ORS.

DEBABRATA DASH AND ANR. versus JATINDRA PRASAD DAS & ORS.

Ad hoc promotion as Additional District Judge in Fast Track Court under the Orissa Judicial Service (Special Schemes) Rules, 2001 does not confer seniority in the Senior Branch of Orissa Superior Judicial Service. Seniority accrues only from the date a vacancy occurs in the Senior Branch cadre and appointment is...

Source-derived case information.

Parties
Appellant: Debabrata Dash and Anr.; Respondent: Jatindra Prasad Das & Ors.
Jurisdiction
India
Judgment Date
11 March 2013
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
Seniority, Ad Hoc Promotion, Orissa Judicial Service, Fast Track Court Appointments, Promotions
Service Law Judicial Service Seniority Ad Hoc Promotion Orissa Judicial Service Fast Track Court Appointments Promotions

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Parties

Debabrata Dash and Anr.

Appellant

Jatindra Prasad Das & Ors.

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether ad hoc service as Additional District Judge in Fast Track Court should be counted for seniority in Orissa Superior Judicial Service (Senior Branch)
  2. 2 Whether such ad hoc appointment constitutes appointment in the Senior Branch cadre

Ratio Decidendi

Ad hoc promotion as Additional District Judge in Fast Track Court under the Orissa Judicial Service (Special Schemes) Rules, 2001 does not confer seniority in the Senior Branch of Orissa Superior Judicial Service. Seniority accrues only from the date a vacancy occurs in the Senior Branch cadre and appointment is made by regular promotion under the 1963 Rules. Period of ad hoc service cannot be counted for seniority in absence of a cadre vacancy.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court judgment set aside
  • Writ petitioner's seniority shall not be reckoned from date of joining ad hoc Additional District Judge post in Fast Track Court