Seniority in gradation lists follows the date of appointment, and deputation does not break lien in the parent cadre.

Rule 15 of the Orissa Elementary Education service rules required the gradation list to be prepared on the basis of seniority, and Explanation I treated regular Assistant Teachers as Level-V members from the commencement of the Rules with seniority linked to the date of appointment. The petitioner's service record showed appointment on 22.09.1981, and later deputation did not extinguish his lien in the parent cadre or alter his seniority position. Applying the principle that a statutory procedure must be followed in the manner prescribed, the court held that seniority had to be reckoned from the initial appointment date and the petitioner had to be included in the draft gradation list with consequential service benefits.

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Issues: Whether the petitioner, a regular Assistant Teacher placed on deputation, was entitled to inclusion in the draft gradation list by reckoning seniority from the date of his initial appointment under Rule 15 of the Orissa Elementary Education (Method of Recruitment and Conditions of Service of Teachers and Officers) Rules, 1997.

Analysis: Rule 3 placed Assistant Teachers of Government Primary and Upper Primary Schools in Level-V, and Rule 15 required preparation of the gradation list on the basis of seniority. Explanation-I to Rule 15 expressly provided that regular Assistant Teachers shall be treated as members of Level-V from the date of commencement of the Rules and that their seniority shall be determined with reference to the date of appointment. The petitioner's appointment on 22.09.1981 was borne out by the service records, and his later deputation to another school did not extinguish his lien in the parent cadre. On the principle that a statute prescribing a manner of doing a thing must be followed in that manner alone, the authorities were bound to determine his seniority from the initial appointment date and include him in the gradation list accordingly.

Conclusion: The petitioner was entitled to inclusion in the draft gradation list with seniority fixed from 22.09.1981, and the opposite parties were directed to grant the consequential service benefits.

Final Conclusion: The writ petition succeeded, and the authorities were required to revise the petitioner's seniority position in the gradation list and extend consequential relief in accordance with law.

Ratio Decidendi: Where service rules expressly direct that seniority of regular Assistant Teachers shall be determined by the date of appointment, the employee's deputation does not displace the lien or defer seniority in the parent cadre.

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