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2021 (6) TMI 1172 - CUTTACK HIGH COURTInclusion of name in the draft gradation list - determination of seniority - HELD THAT:- Though the petitioner was deputed to Samal Barrage UP School, he had never been permanently absorbed in the said school and his lien had been continuing with Angul District Education Cadre. But fact remains, after filing the original application, the Block Education Officer cancelled the deputation of the petitioner on 09.09.2014, pursuant to which he was relieved w.e.f. 15.10.2015 from Samal Barrage UP School by the Executive Engineer, Samal Barrage, by virtue of the office order dated 12.09.2015. Accordingly, the petitioner joined in Chhendipada Primary School under Block Education Officer, Angul on 16.09.2014. Thereby, it is made clear that his lien with parent education district was continuing, pursuant to which he had been allowed to join in Chhendipada Primary School, wherefrom he was placed on deputation to Samal Barrage UP School. Therefore, the petitioner's name should have been included in the draft gradation list prepared by opposite party no. 3 with all consequential benefits. In TRIVENI SHANKAR SAXENA VERSUS STATE OF U.P. AND OTHERS [1991 (12) TMI 285 - SUPREME COURT], the apex Court held that the word "lien" originally means "binding" from the latin "ligament" and its lexical meaning was "right to retain". It is apt to refer here the legal maxim "Expressio Unius est exclusion alterius" i.e. if a statute provides for a thing to be done in a particular manner, then it has to be done in that manner and any other manner are barred. The opposite parties no. 2 and 3 are directed to fix seniority of the petitioner, as per Explanation-I to Rule-15 of Rules, 1997, in the draft gradation list dated 01.09.2012 published by opposite party no. 3, taking into account his date of appointment as 22.09.1981, and extend all consequential benefits, as due and admissible to him in accordance with law as expeditiously as possible, preferably within a period of three months from the date of communication of this judgment. The writ petition is allowed.
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