LAW FOR ALL

inter se seniority - The inter se seniority between the appellants and respondent no. 1 in the Senior Branch cadre of Orissa Superior Judicial Service is the subject matter of this appeal. 3. In the writ petition filed by the respondent no.1 before the High Court, the principal question under consideration was whether the service rendered by him (writ petitioner) in the Fast Track Court as Additional District Judge is to be taken into account while fixing his seniority after 1Page 2 regularization of his service in the Senior Branch cadre under the Orissa Superior Judicial Service Rules, 1963 (for short, “1963 Rules”). The High Court in the impugned judgment dated 15.11.2011 has answered the above question in favour of the writ petitioner, allowed the writ petition and directed the Orissa High Court on administrative side to treat the period of service rendered by the writ petitioner in the Fast Track Court for the purpose of seniority from the date of his joining the post i.e., 26.04.2002 and re-fix his seniority in light of the judgment. 4. The appellants, direct recruits, who were respondent nos. 3 and 4 in the writ petition, have challenged the above judgment principally on the ground that it is not consistent with the 1963 Rules, Orissa Judicial Service (Special Schemes) Rules, 2001 and Orissa Superior Judicial Service and Orissa Judicial Service Rules, 2007.- the service in FTCs will be deemed as service of the promoted judicial officers rendered in the parent cadre. However, no right would accrue to such recruits promoted/posted on ad hoc basis from the lower judiciary for regular promotion on the basis of such appointment. For direct recruits, continuation in service will be dependent on review by the High Court and there could be possibility of absorption in the regular vacancy if their performance was found to be satisfactory………..”. The Court noted that while appointing Fast Track Court Judges, it was clearly stipulated that such appointments would be ad hoc and temporary and that the appointees shall not derive any benefit from such appointments. We have already indicated above that on 05.01.2002 or 26.04.2002, there was no vacancy in the cadre of Superior Judicial Service (Senior Branch) for being filled up by promotion. Such vacancy in the Senior Branch cadre of the service occurred on 15.12.2003 and from that date the writ petitioner has been given benefit of his service rendered in the Fast Track Court. The administrative decision by the Full Court is in accord with the 1963 Rules, the 2001 Rules and the legal position already indicated above. The view of the Division Bench in the impugned judgment is legally unsustainable. The impugned judgment is liable to be set aside and is set aside. 52. Appeal is allowed, as above, with no order as to costs.