The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.53 of 2024 Bamadev Sahoo …. Petitioner Mr.P.K. Mishra, Advocate -versus- State of Odisha and others ….
Legal Reasoning
Opposite Parties Mr.N.K.Praharaj, A.G.A. CORAM: JUSTICE A.K. MOHAPATRA
Decision
ORDER 09.01.2024 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate. 3. The Petitioner has filed the present writ application with the following prayer: “It is prayed, therefore that this Hon’ble Court may graciously be pleased to; i) i) Admit and allow the writ petition. Quash the impugned notification of promotion vide No.1696 dated 28.02.2022 under Annexure-6 so far as it relates to O.P. Nos. 3 and 4 as they were illegally promoted in violation of G.A. Department O.M. dated 20.08.1999 under Annexure-1 and views of G.A. Department (O.P. No.2) under Annexure-3 series; ii) And as a consequence, this Hon’ble Court may be pleased to direct the O.P.No.1 to exclude the names of O.P. Nos. 3 & 4 from the final gradation list of IMV/Addl.RTO (Enf)/AWE shown at Annexure-10. (iii) Further be pleased to direct the O.P. No.1 to fix the seniority position of the petitioner accordingly and grant all consequential benefits as due admissible in favour of the petitioner within a stipulated period of // 2 // time; (iv) Pass such other order (s), direction (s) as deem fit and proper to the facts and circumstances of the case to give complete relief to the petitioner;” 4. At the outset learned counsel for the petitioner submitted that the private-Opposite Party Nos.3 and 4, namely, one Ashok Kumar Panigrahi and Pratap Kumar Behera had earlier foregone their promotion. Referring to the order under Annexure-2 dated 25.01.2022, learned counsel for the Petitioner submitted that the final gradation list, which has been enclosed to the aforesaid order reveals that the above named two persons had foregone their promotion, which is evident from the remarks column of the final gradation list as on 01.11.2021. Thereafter, a DPC was convened to consider the cases of promotion of the employees like the Petitioner. 5. Learned counsel for the Petitioner further contended that before sending the names to be considered by the DPC the views of the G.A. & P.G. Dept., Govt. of Odisha was sought for, so far the private-O.P. Nos.3 and 4 are concerned. The G.A. Dept. after considering the case of private-O.P. Nos.3 and 4 have specifically stated in their views, communicated to the Opposite Parties that since the private-Opposite Party Nos.3 & 4 have earlier foregone their promotion, which has been accepted by the administrative department, therefore there is no further scope to allow them promotion subsequently even if they forego their seniority and give an undertaking in the shape of an affidavit. 6. In course of his argument, learned counsel for the petitioner further contended that the departmental promotion committee meeting held on 14.02.2022 under the Chairmanship of the Principal Secretary to Government, Commerce and Transport Department // 3 // illegally considered the cases of the private-O.P. Nos.3 and 4, although they were not eligible to be considered for promotion in view the of the G.A. Dept. O.M. referred to hereinabove and the views. Subsequently, the private-O.P. Nos.3 and 4 have been recommended their promotion by the DPC in violation of the aforesaid O.M and the views of the G.A. Dept. The recommendation of the DPC as it appears has already been carried out and a tentative gradation list has been published vide office order dated 06.07.2023 by giving promotion to the private-O.P. Nos.3 and 4. Objections were invited from the officers to the tentative gradation list under Annexure-8 to the writ application. Learned counsel for the Petitioner further contended that he has submitted his objection on 18.07.2023 under Annexure-9 to the writ application to the Opposite Party No.1. However, without considering the objection filed by the Petitioner and without communicating the result of such objection to the Petitioner, the Opposite Party No.1 has published the final gradation list vide office order dated 05.12.2023. Being aggrieved by such conduct of the Opposite Parties, the Petitioner has approached this Court by filing the present writ application. 7. Learned Additional Government Advocate on the other hand contended that the private-Opposite Party Nos.3 and 4 have been considered by the DPC and on the basis of the recommendation of the DPC their names have been placed in the gradation list on the basis of their seniority. He further contended that the objection lodged to the tentative gradation list by employees have been taken care of by the Opposite Parties before publishing the final gradation list under Annexure-10 to the writ application. In such view of the matter, learned Additional Government Advocate submitted that the Opposite Parties have not committed any illegality in publishing the // 4 // final gradation list vide office order dated 05.12.2023. He further contended that in the event, the Petitioner has some grievance, then he should have approached the Opposite Party No.1 for redressal of his grievance before approaching this Court by filing the present writ application. In such view of the matter, learned Additional Government Advocate submitted that the present writ application is devoid of merit and the same should not be entertained. 8. Having heard the learned counsels appearing for the respective parties and on a careful analysis of their submission and on a background facts of the present case as well as materials on record, this Court deems it proper to dispose of the Writ Petition at the stage of admission by directing the Opposite Party No.1 to dispose of the objection of the Petitioner under Annexure-9 to the writ application, if the same has not been disposed of in the meantime within a period of six weeks from the date of communication of certified copy of this order. The Opposite Party No.1 shall do well to consider the objection of the Petitioner by providing the Petitioner as well as the private-O.P. Nos.3 and 4 an opportunity of hearing before passing a final order in accordance with law within the aforesaid time. The final order so passed be communicated to the Petitioner within two weeks from the date of taking such a decision on the objection. 9. With the aforesaid observation, the writ application stands disposed of. 10. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Anil Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 11-Jan-2024 14:52:11