Order N. Prusty, J. The applicant, who is working as an Assistant Teacher in Tarinipani Govt. High School, Gatagaon in the district of Dhenkanal, has filed this O.A. with a prayer to quash the order passed in favour of respondent No. 4 promoting him to the post of Trained Graduate Teacher and for a direction to the respondent Nos. 1 to 3 to consider the case of the applicant and grant promotion in favour of the applicant to the Trained Graduate post with effect from the date the respondent No. 4 was promoted with all consequential benefits. 2. Heard Mr. J.K. Rath, Senior Advocate and Mr. R.K. Dash, learned Government Advocate, so also Mr. J. Sengupta, learned counsel appearing for Respondent No. 4. 3. Mr. J.K. Rath, Senior Advocate, learned counsel for the applicant submitted that the applicant having Pre-University Arts qualification was appointed as a Sevak in the district of Dhenkanal vide Order No. 2042 dated 7.7.72 and joined the post on 13.7.72. While continuing as such the applicant acquired his C.T. qualification in the year 1980 and B.A. qualification in 1985 and B.Ed. qualification in 1988. While the applicant was so continuing in the District of Dhenkanal as an Assistant Teacher, one Sri Bijaya Kumar Nayak/Respondent No. 4, who was working as an Assistant Teacher in the district of Koraput came on transfer to Dhenkanal District vide office order No. 19965 dated 14.7.1990 (Annexure-3). As per the principle if an employee of a different district is transferred on his own application (request) to a district of his own choice, such incumbent is to be treated as the entrant to the said new district with bottom seniority i.e. with effect from the date of his joining and persons who were continuing in the new district prior to that date of his joining are to be treated senior to him irrespective of the fact as to whether he was having more number of years of service to his credit in his previous station prior to the joining in the new district. Since Sri Nayak/respondent No. 4 joined in Dhenkanal District in the year 1990 and by that time applicant was continuing in Dhenkanal district since 1974, as such the applicant is to be treated senior to Shri Nayak for all practical purpose. However, the respondent No. 3 vide order no. Since Sri Nayak/respondent No. 4 joined in Dhenkanal District in the year 1990 and by that time applicant was continuing in Dhenkanal district since 1974, as such the applicant is to be treated senior to Shri Nayak for all practical purpose. However, the respondent No. 3 vide order no. 2305 dated 19.12.97 promoted the respondent No. 4 to the trained graduate post without considering the case of the applicant although the applicant is senior to the opposite party No. 4 and has the requisite qualification for appointment to the post of Trained Graduate Teacher. In that view of the matter the applicant is entitled for promotion to the post of Trained Graduate Teacher with effect from the date respondent No. 4 got such promotion with all consequential benefits. 4. Mr. R.K. Dash, learned Government Advocate on the basis of averments made in the counter, submitted that the applicant being an untrained Matriculate was appointed as Sevak by the District Office, Dhenkanal vide order No. 2042 dtd. 7.7.72. Subsequently, he acquired C.T. as an in service Sevak from the Departmental Training School during the year, 1980. At that time, there were two categories of sevaks having two scales of pay for each category, details of which are as follows: Sl. No. Period Untrained matriculation scale Trained matriculation scale 1 During the year 1972, at the time of appointment of the applicant 80-135 100-155 2 During the year 1979 at the time of appointment respondent No. 4 255-360 265-390 3 During the year, 1980 i.e. after passing of C.T. by the petitioner 255-360 265-390 The applicant got Matric C.T. scale during the year 1980 after acquiring the C.T. qualification. As such he became eligible to get scale of pay applicable to trained Matric (Matric C.T.) post in 1980, whereas respondent No. 4 got Matric C.T. scale during the year 1979. As such the applicant was certainly junior to respondent No. 4 in getting C.T. scale of pay of Rs. 265-390. The applicant was not eligible to get promotion prior to respondent No. 4 got promotion since respondent No. 4 got the MCT post as well as scale before the applicant. The circular No. Edn.-Ac 48/86-1782/HTW dt. 11.7.86 says that two gradation lists will be maintained for fixation of seniority of the Sevaks for providing promotion to next higher posts. 265-390. The applicant was not eligible to get promotion prior to respondent No. 4 got promotion since respondent No. 4 got the MCT post as well as scale before the applicant. The circular No. Edn.-Ac 48/86-1782/HTW dt. 11.7.86 says that two gradation lists will be maintained for fixation of seniority of the Sevaks for providing promotion to next higher posts. Sevaks working prior to 5th Nov, 77 will be separated from the teachers, who have got their appointment after 5th Nov, 1977. The applicant became eligible to be placed in gradation list along with the respondent No. 4 only after acquiring C.T. qualification during 1980. Besides, the applicant acquired B.Ed. qualification during 1990, whereas respondent No. 4 acquired B.Ed. qualification during 1985. In view of the above, the appointing authority considered the case of respondent No. 4 for promotion to the post of T.G.T. The D.P.C. has followed the principles laid down in the resolution No. 1425 dt. 8.1.95 of Education Department which is based upon the ruling of the OAT in OA No. 1443/1990 Sri Pratap Chandra Mohanty v. State of Orissa. The applicant has admitted the principles followed by Welfare Department (erstwhile T.R.W. Department) that untrained Sevaks who are appointed as Sevaks to work in Sevashrams are not eligible to work as an Asst. Teacher in Ashram Schools and High Schools. It is therefore crystal clear that the applicant became eligible to be placed in the list of eligible candidates for promotion, on the date he came over to Matric C.T. post and scale. Prior to 13.12.93 i.e. the date of issue of cadre rule, promotions to the post of T.G.T. were being considered by Govt. in Welfare Department. After issue of cadre Rule, Govt. has delegated that power to the Collector of the concerned district. As such prior to publication of cadre rule, there was no necessity to quote the condition regarding district seniority of a transferee who has been transferred from one district to another district in the transfer order. It become necessary from the date of publication of cadre Rule, i.e. since 13.12.93. Thereafter, the transfer order of District Transferees contained the stipulation of seniority. The Government has not specifically instructed to make respondent No. 4 junior most in the cadre of Assistant Teachers of Dhenkanal district. Para-4 of the resolution No. 18989/ATT dt. It become necessary from the date of publication of cadre Rule, i.e. since 13.12.93. Thereafter, the transfer order of District Transferees contained the stipulation of seniority. The Government has not specifically instructed to make respondent No. 4 junior most in the cadre of Assistant Teachers of Dhenkanal district. Para-4 of the resolution No. 18989/ATT dt. 25.7.95 clearly indicates that the seniority of a teacher who joins in the District Cadre on transfer, having been transferred from another District on representation, his seniority counts from the date of his joining in the new District. But it appears from the transfer order of respondent No. 4 dated 14.7.1990 (Annexure-3 to the O.A.) that Government have not transferred respondent No. 4 with the condition to count his seniority in the new District with effect from the date of his joining in the said new District making him junior most in the district. The Government have also not disallowed respondent No. 4 to get T.T.A. as per standing order of Govt. on transfer by representation or otherwise. As such, it is obvious that Govt. in Welfare Department have transferred respondent No. 4 without any representation. Therefore, fixation of seniority of Respondent No. 4 is just and giving him promotion to the post of T.G.T. is in no way illegal or unconstitutional, which would call for any interference by this Tribunal. The selection committee has set been up as per Rule 5 of the Orissa Subordinate Tribal Welfare Education (Recruitment and Conditions of Service) Rules, 1993 and held on 17.12.97. Reasonable opportunity was given to 12 eligible teachers including the applicant at Sl. No. 4 of the eligible list (Annexure-A) and placed the list before the selection committee. The committee followed all the formalities laid down in para 10 of the Orissa Subordinate Tribal Welfare Education (Recruitment & Conditions of Service) Rules, 1993 and also followed the Judgment of the Tribunal in OA Case No. 1443/90 of Sri Pratap Ch. Mohanty v. State of Orissa and others wherein, it has been instructed to determine seniority on the basis of date of passing B.Ed. examination. The Education Department have amended their rule in resolution No. 1425 dt. 8.1.96 at Annexure-B. In the instant case the respondent No. 4 has passed B.Ed. in the year 1985 whereas, the applicant has passed in the year 1990. examination. The Education Department have amended their rule in resolution No. 1425 dt. 8.1.96 at Annexure-B. In the instant case the respondent No. 4 has passed B.Ed. in the year 1985 whereas, the applicant has passed in the year 1990. Having observed all these requirements, the committee recommended the name of the respondent No. 4 for promotion as at Annexure-C and the respondent No. 4 got promotion vide order No. 2305 dtd. 19.12.97 as at Annexure-D, which is just, correct and based upon constitutional rights. 5. Considering the submissions made by the learned counsel for both the parties, as it appears, the applicant having Pre-University qualification joined the post of Assistant Teacher in 1972 in Dhenkanal district and he became a Matric C.T. Teacher on acquiring C.T. qualification in 1980, whereas respondent No. 4 having Matric C.T. qualification joined as Assistant Teacher in 1979 in Koraput district and he was transferred from Koraput district to Dhenkanal district vide order dated 14.7.1990 issued by the Government of Odisha, Harijan & Tribal Welfare Department (Annexure-3) with his service seniority. Respondent No. 4 acquired B.Ed. qualification on 2.8.1985, whereas the applicant acquired B.Ed. qualification on 24.3.1990 (Annexure-A to the counter). Since the respondent No. 4 acquired B.Ed. qualification earlier than the applicant, respondent No. 4 was promoted to the post of Trained Graduate Teacher on the basis of date of passing B.Ed. Examination following the decision of the Tribunal dated 26.10.1994 in the case of Pratap Chandra Mohanty in O.A. 1443/1994. The order passed by the Tribunal in the case of Pratap Chandra Mohanty was reversed by a three-Member Bench vide order dated 7.11.1998 passed in O.A. 1443/1994 (Surendranath Pal v. State of Orissa) and directed that for the purpose of promotion to posts of Headmasters in Government M.E. Schools and UGME Schools the seniority of teachers in the feeder cadre shall be counted from the date of their appointments and not from the date of acquiring B.Ed. qualification. The Hon'ble High Court in their judgment dated 21.9.2006 also confirmed the said order of the Tribunal passed in O.A. 609/1994 in the case of P. Bengali Patra & 21 others v. State of Odisha reported in (2007) 1 ATT 129. qualification. The Hon'ble High Court in their judgment dated 21.9.2006 also confirmed the said order of the Tribunal passed in O.A. 609/1994 in the case of P. Bengali Patra & 21 others v. State of Odisha reported in (2007) 1 ATT 129. But subsequently when the order of the Tribunal dated 7.11.1998 passed in O.A. 609/1994 was challenged in another writ application i.e. OJC 16315/2001 by the applicant in O.A. 3158(c)/2001, the Hon'ble High Court in their judgment dated 12.9.2007 remitted the matter to the Tribunal for taking fresh decision on merits by a Larger Bench i.e. more than three Member Bench. A five Member Bench of the Tribunal vide order dated 5.12.2009 held that "it would be for an appropriate Bench of the Tribunal to decide O.A. 3158(c)/2001 in accordance with the law declared in O.A. 609 of 1994 or any other consideration that may be warranted in the interest of justice." As such seniority of teachers in the feeder cadre shall be counted from the date of their appointments and not from the date of acquiring B.Ed. qualification. In the present case even though the applicant acquired B.Ed. qualification in 1990 and respondent No. 4 acquired B.Ed. qualification in 1985, since the applicant joined as Assistant Teacher in 1972 earlier than respondent No. 4 (1979) and by the date of holding the D.P.C. meeting in the year 1997 the applicant had already acquired B.Ed. qualification, the case of the applicant ought to have been considered for promotion to the post of Trained Graduate Teacher on the basis of length of service as per the decision of the Hon'ble High Court as well as Tribunal in the cases (supra). 6. qualification, the case of the applicant ought to have been considered for promotion to the post of Trained Graduate Teacher on the basis of length of service as per the decision of the Hon'ble High Court as well as Tribunal in the cases (supra). 6. In view of the above, the respondent No. 3 is directed to convene a review D.P.C. meeting for consideration of promotion of the applicant to the post of Trained Graduate Teacher on the basis of length of his service and in case the applicant is found suitable by the D.P.C. for his promotion, all the consequential benefits in the promotional post of Trained Graduate Teacher be extended in favour of the applicants from the date respondent No. 4 got such promotion and fix pay of the applicant notionally till the date of his actual promotion, if he has been promoted in the meantime or till the date of his retirement and accordingly after fixing the pension of the applicant on such last pay drawn, pay the differential amount of pension and other retiral dues as due and admissible to the applicant immediately after the order is passed to the above extent. The entire exercise be completed within a period of two months from the date of communication of this order. O.A. is accordingly disposed of. Dr. S.N. Dash, Member (Admn.) I agree.