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Orissa HC directs govt to revise gradation list of secretariat ASOs

Orissa HC directs govt to revise gradation list of secretariat ASOs

The bench of Justice AK Mohapatra noted that although Advertisement No. 08 was issued earlier in 2012, appointments from this list were delayed until October 2016 due to legal hurdles and administrative delays. In contrast, candidates under the 2015 advertisement were appointed on January 27, 2016 and May 18, 2016.
Justice Mohapatra endorsed the principle that seniority in government service should be based on the actual date of appointment, not the date of the recruitment advertisement or recommendation, unless a rule explicitly states otherwise.
While providing relief to candidates who were appointed earlier but placed lower in the seniority list, Justice Mohapatra ruled that the ASOs appointed earlier in 2016 under Advertisement No. 06 must be placed above those appointed later the same year under Advertisement No. 08 in the final gradation list published on June 11, 2020.
The judge further ruled that promotees must be treated as en bloc senior to the direct recruits of the same calendar year and directed the Home department to revise the ASO gradation list in line with the court's directives, ensuring that seniority reflects the actual date of appointment.
He also ruled that promotees must be treated as en bloc senior to the direct recruits of the same calendar year.
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