IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.15813 of 2018 Basanta Kumar Behera …. Petitioner Mr. B. Routray, Sr. Advocate -Versus- State of Odisha and others …. Opposite Parties Mr. S.N. Das, ASC Mr. P.K. Mohanty, Sr. Advocate CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 13.03.2026 09. 1. Heard Mr. Routray, learned Senior Advocate appearing for the petitioner, learned counsel for the State and Mr. Mohanty, learned Senior Advocate for opposite party Nos.2 and 3. 2. Instant writ petition is filed by the petitioner for a direction to the opposite parties and more particularly opposite party Nos.1 and 3 to regularize his service as against the post of Junior Assistant under LFS cadre in the scale of pay Rs.5200- 20200 with Grade Pay of Rs.1900/- with usual D.A. and other allowances notionally with effect from 17th May, 1999 from the date when the juniors to him have been regularized with such other reliefs sought for. 3. Mr. Routray, learned Senior Advocate for the petitioner submits that the petitioner has been regularized by office order dated 14th August, 2015 but the date of absorption as against the vacancy of the Junior Assistant has been considered from the date of issuance of the same and with effect from 17th May, 1999. The further submission is that the juniors have been promoted from the date of initial appointment notionally with effect from 17th May, 1999 and therefore, the petitioner should at least be regularized from the said date if not from the initial date of the appointment. 4. Recorded the submission of learned counsel for the State with reference to the counter affidavit filed through the opposite party Nos.1 and 3. Gone through the rejoinder affidavit of the petitioner to the counter of the State. 5. Mr. Mohanty, learned Senior Advocate for opposite party Nos.2 and 3 submits that the regularization of the petitioner’s service w.e.f. 14th August, 2015 is perfectly justified. 6. Perused the gradation list in respect of the NMR employees prepared as on 8th August, 2005 as at Annexure-1. The petitioner joined as Office Assistant in the year 1985 and his service has been regularized vide Annexure-2 but such absorption against the vacancy has been considered with effect from the date of the order i.e. 14th August, 2015 i.e. Annexure-4. The Court finds that the juniors of the petitioner have been regularized and such regularization has been given effect to notionally w.e.f. 17th May, 1999, whereas, in the case of the petitioner, it has been from the date of the office order i.e. 14th August, 2015. The Court, considering the plea of the petitioner and submissions as above and response of the State, is inclined to hold that such regularization of the petitioner from the date of the order dated 14th August, 2015 vide Annexure-2 should have been allowed notionally w.e.f. 17th May, 1999, the date, on which, his juniors have been promoted. The Court does not find any rationality in the decision of Government in directing such regularization of the petitioner w.e.f. the order i.e. 14th August, 2015 whereas the juniors received promotion notionally from 1999. In other words, the Court is of the conclusion that the decision as per Annexure-2 cannot be sustained in view of Annexure-4 in respect of the juniors of the petitioner and therefore, his regularization should also be notionally w.e.f. 17th May, 1999, if not from the date of initial appointment. 7. Accordingly, it is ordered. 8. In the result, the writ petition stands allowed. Consequently, the impugned order at Annexure-2 is hereby modified and it is directed that the petitioner’s regularization shall be given effect to notionally w.e.f.17th May, 1999. The above exercise is concluded with consequential benefits granted in favour of the petitioner at the earliest preferably within a period of eight weeks from the date of receipt of a copy of this order. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer