Research › Search › Judgment

Orissa High Court · body

2016 DIGILAW 454 (ORI)

Urbasi Sarangi v. Orissa State Agricultural and Rural Development Bank Ltd.

2016-06-24

A.K.RATH

body2016
JUDGMENT : A.K. Rath, J. This petition challenges the gradation list dated 21.12.1994, vide Annexure-1, as well as the order dated 31.1.1992 passed by the Managing Director, Orissa State Cooperative Land Development Bank Ltd., Bhubaneswar promoting the petitioner to the post of Asst. Branch Manager with effect from 28.1.1982. 2. The case of the petitioner is that she was appointed as a Typist-cum-L.D Clerk in the Orissa State Cooperative Land Development Bank Limited. She joined the post on 29.11.1967. The name of the Bank had been changed to Orissa State Cooperative Agricultural and Rural Development Bank Limited in the year 1992. She was promoted to the post of U.D.C. on 27.1.1972. The Sub-Committee of the Bank constituted for the purpose recommended on 19.8.1978 for promotion of the petitioner to the post of Assistant Accountant. The same was ratified by the Board. By order dated 20.9.1978, the petitioner was promoted to the post of Asst. Accountant. She joined the post on the same date. Since she was not promoted to the post of Asst. Branch Manager and superseded by her juniors, she filed a writ application being OJC No.2205 of 1985 before this Court impleading the opposite parties as well as eight persons. By judgment dated 30.1.1991, this Court came to hold that there was no cogent reason for denying promotion to the petitioner while her juniors were promoted on 8.10.1982. Held so, this Court directed the opposite party no.1 to antedate the promotion to the petitioner and fix it to any day prior to 8.10.1982, vide Annexure-3. But then, the opposite party no.1 by order dated 21.8.1991 promoted the petitioner to Assistant Branch Manager from 8.10.1982 and fixed her seniority accordingly. Thereafter, she submitted a representation to the opposite party no.1 on 5.9.1991 for ante-dating the promotion and fixed her seniority prior to 8.10.1982. The same was not heeded to. She approached the opposite parties number of times to ante-date the promotion. While the matter stood thus, the gradation list was published on 21.12.1994, vide Annexure-1 whereafter the opposite party no.2 was shown as senior to the petitioner in the rank of Assistant Branch Manager. The petitioner had been shown at serial no.9 whereas opposite party no.2 had been shown at serial no.6 in the said list. While the matter stood thus, the gradation list was published on 21.12.1994, vide Annexure-1 whereafter the opposite party no.2 was shown as senior to the petitioner in the rank of Assistant Branch Manager. The petitioner had been shown at serial no.9 whereas opposite party no.2 had been shown at serial no.6 in the said list. In the gradation list, the date of promotion of the petitioner had been mentioned as 8.10.1982 whereas the date of promotion of the opposite party no.2 as 28.1.1982. It is stated that the entries in the gradation list were wrong. She is senior to opposite party no.2. Opposite party no.2 was promoted to the post of Assistant Branch Manager on 8.10.1982 whereas this Court directed the opposite parties to ante-date the promotion of the petitioner and fix it to any date prior to 8.10.1982. She filed a representation to the opposite party no.1 on 10.1.1995. The same has not been disposed of. On being made, she came to know that by order dated 31.1.1992, opposite party no.1 promoted opposite party no.2 to the post of Assistant Accountant on 19.8.1978 and further promoted him to the post of Assistant Branch Manager on 28.1.1982 and fixed his seniority accordingly. The order dated 31.1.1992 according promotion to the opposite party no.2 with effect from 28.1.1982 is illegal and no resolution of the Bank was passed to that effect basing on which the promotion was accorded. With this factual scenario, the writ petition has been filed. 3. Pursuant to issuance of notice, a counter affidavit has been filed by the opposite party no.1. It is stated that the impugned gradation list is a tentative one. The same has not been finalised till date. Pursuant to the direction of this Court, the petitioner was promoted to the post of Assistant Branch Manager with effect from 8.10.1982. 4. Heard Mr. B.S. Mishra, learned Senior Advocate for the petitioner and Mr. A.K. Panigrahi, learned counsel for the opposite party no.1. None appears for the opposite party no.2. 5. Mr. Mishra, learned counsel for the petitioner, argues with vehemence that this Court by judgment and order dated 31.1.1991 in OJC No.2205 of 1985 directed the Bank-opposite party no.1 to antedate the promotion to the petitioner and fix it to any day prior to 8.10.1982. The opposite party no.1-Bank has brazenly violated the same. 5. Mr. Mishra, learned counsel for the petitioner, argues with vehemence that this Court by judgment and order dated 31.1.1991 in OJC No.2205 of 1985 directed the Bank-opposite party no.1 to antedate the promotion to the petitioner and fix it to any day prior to 8.10.1982. The opposite party no.1-Bank has brazenly violated the same. Instead of according promotion prior to 8.10.1982, the opposite party no.1-Bank promoted the petitioner with effect from 8.10.1982. 6. Per contra, Mr. Panigrahi, learned counsel for the opposite party no.1, submits that the gradation list is a tentative one and the same has not been finalised. Pursuant to the judgment of this Court, the petitioner was promoted to the post of Assistant Branch Manager with effect from 8.10.1982. 7. Assailing the action of the opposite party no.1-Bank denying promotion to the post of Assistant Branch Manager, the petitioner has filed a writ application being OJC No.2205 of 1985 before this Court impleading the Bank, opposite party no.2 as well as other private opposite parties. The writ petition was disposed of on 30.1.1991. The operative portion of the judgment is quoted hereunder; “4. In the aforesaid premises, we, having not been satisfied that there was any cogent reason for denying promotion to the petitioner while her juniors were promoted on 8th October, 1982, direct opposite party no.1 to ante-date the promotion to the petitioner and to fix it to any day prior to 8th October, 1982. The petitioner shall be entitled to all consequential benefits accordingly.” 8. The judgment and order dated 30.1.1991 passed by this Court in OJC No.2205 of 1985 has not been assailed by any of the parties. The same has attained finality. A direction was issued to the opposite party no.1 to ante-date the promotion to the petitioner and fix it to any day prior to 8.10.1982. The words “any day prior to 8th October, 1982” by no stretch of imagination shall mean “8.10.1982”. The same must be prior to 8.10.1982. 9. In view of the same, the impugned order is quashed. Opposite party no.1 is directed to ante-date the promotion prior to 8.10.1982. In the meantime the petitioner has retired from service on attaining the age of superannuation. She shall not be entitled to any salary after fixing her seniority. After ante-dating promotion, the period shall be taken into account for payment of retrial benefits. The writ petition is allowed.