IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) Nos.14678, 5745 & 11180 of 2024 Tana Murmu …. Petitioner Mr. P.K. Mishra, Advocate -versus- State of Odisha & Ors. …. Opposite Parties Mr. P.K. Panda, ASC Mr. P.K. Mohanty, Sr. Adv. for O.P.3 Mr.B.S. Tripathy, Sr. Adv. for O.P.4 Mr.G.R. Sethi, Adv. for O.P.6 CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 27.01.2026 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the Parties. 3. Since the issue involved in all the cases relates to fixation of inter se seniority in the rank of Asst. RTO and consequential promotion to the rank of Addl. RTO, all the matters were heard analogously and disposed of by the present common order. 4. W.P.(C) Nos.5745 & 11180 of 2024 have been filed by the Petitioners therein challenging order dtd.20.02.2024 so issued by the Government in the Commerce and Transport (Transport) Department, p. 2 p. 2 Odisha. Vide the said order, Petitioner in W.P.(C) No.14678 of 2024 was placed above the Petitioners in W.P.(C) No.5745 and 11180 of 2024 in the rank of Asst. RTO taking into account the nature of order passed in W.P.(C) No.20070 of 2022. 4.1. Learned counsel appearing for the Petitioners in W.P.(C) Nos.5745 & 11180 of 2024 contended that prior to fixation of the inter se seniority in between the Petitioner in W.P.(C) Nos.14678 and Petitioner in W.P.(C) No.5745 and 11180 of 2024 with passing of the impugned order dtd.20.02.2024, no opportunity of hearing was given to the Petitioner in W.P.(C) No.5745 of 2024 as well as Petitioner in W.P.(C) No.11180 of 2024. 4.2. It is contended that the final gradation list of Asst. RTO was published by the Government vide office order dtd.08.12.2021 and in the said gradation list, Petitioner in W.P.(C) No.5745 of 2024 was at S.L. No.5 and Petitioner in connected W.P.(C) No.11180 of 2024 was at S.L. No.6 with Petitioner in W.P.(C) No.14678 of 2024 at S.L. No.9. 4.3. It is contended that in the impugned order dtd.20.02.2024, Petitioner in W.P.(C) No.14678 of 2024 since was placed above the Petitioner in W.P.(C) No.5745 of 2024, the same caused prejudice to both the Petitioners in W.P.(C) Nos.5745 and 11180 of 2024. p. 3 p. 3 Accordingly, both the Writ Petitions have been filed inter alia challenging order dtd.20.02.2024. 5. Learned counsel appearing for the Petitioner in W.P.(C) No.14678 of 2024 on the other hand contended that pursuant to the order passed by this Court in W.P.(C) No.20070 of 2022 on 24.08.2022 under Annxure-13 to the said Writ Petition, Petitioner was promoted to the rank of Asst. RTO w.e.f. 21.10.2011. Since by the time Petitioner got the benefit of promotion to the rank of Asst. RTO w.e.f. 21.10.2011 vide order dtd.28.03.2023, final gradation list of Asst. RTO had already been published on 08.12.2021, Petitioner’s name was not reflected in the said final gradation list. However since Petitioner was given the benefit of promotion to the rank of Asst. RTO w.e.f. 21.10.2011 vide order dtd.28.03.2023, he became eligible and entitled to be placed above the Petitioners in connected W.P.(C) No.5745 of 2024 and 11180 of 2024. 5.1. It is accordingly contended that no illegality or irregularity can be found with order dtd.20.02.2024. 6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that pursuant to the order passed by this Court on 22.08.2022 in W.P.(C) No.20070 of 2022, Petitioner in W.P.(C) No.14678 of 2024 was promoted to the rank of Asst. RTO w.e.f. 21.10.2011 vide order dtd.28.03.2023. It p. 4 p. 4 is not disputed that by the time Petitioner in W.P.(C) No.14678 of 2024 got the benefit of promotion to the rank of Asst. RTO, final gradation list of Asst. RTO had already been published by the Government vide order dtd.08.12.2021. 6.1. It is also not disputed that in the gradation list published on 08.12.2021, Petitioner in W.P.(C) Nos.5745 & 11180 of 2024 were at S.L. Nos.5 & 6 and Petitioner in W.P.(C) No.14678 of 2024 was at S.L. No.9. 6.2. It is the considered view of this Court that if Petitioner in W.P.(C) No.14678 of 2024 after getting the benefit of promotion to the rank of Asst. RTO w.e.f. 21.10.2011 vide order dtd.28.03.2023, became eligible for his placement above the Petitioners in W.P.(C) No.5745 of 2024 and 11180 of 2024 in the rank of Asst. RTO, the same should have been decided in accordance with law and by giving due opportunity of hearing to all the three Petitioners. Since without following the principle of natural justice, Petitioner in W.P.(C) No.14678 of 2024 has been placed above the Petitioner in W.P.(C) No.5745 & 11180 of 2024 vide order dtd.20.02.2024, the said order as per the considered view of this Court is not sustainable in the eye of law. 7. Therefore, this Court is inclined to quash order dtd.20.02.2024, which is the subject matter of challenge in W.P.(C) Nos.5745 & 11180 of 2024. While quashing p. 5 p. 5 the said order, this Court remits the matter to the Department-Opposite Party No.1 with a direction to fix the inter-se seniority of the Petitioners in all the three cases in the rank of Asst. RTO in accordance with law and by giving due opportunity of hearing to all concerned. This Court directs the Department-Opposite Party No.1 to complete the entire exercise within a period of three (3) months from the date of receipt of this order. 8. Accordingly, all the Writ Petitions stand disposed of with the aforesaid observations and directions. Interim order of any nature passed in all the three Writ Petition stand vacated. 9. Photocopy of the order be placed in the connected Writ Petitions. (Biraja Prasanna Satapathy) Judge Subrat