The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.895 of 2025 Rajesh Kumar Das ..... Petitioner Represented By Adv. - Subhasree Mohanty -versus- State Of Odisha and others ..... Opposite Parties Mr. Samaresh Jena, ASC
Legal Reasoning
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 03.02.2025 Order No. 02. 1. 2. This matter is taken up through Hybrid mode. Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel appearing for the State. Perused the Writ Petition as well as the documents annexed thereto. 3. The Petitioner has filed the present Writ Petition with the following prayer : “It is therefore, humbly prayed that this Hon’ble Court may graciously be pleased to admit this writ petition, call for the records and, after hearing the parties, may be pleased to allow this writ petition; AND The Opp.Parties may be directed to a) include the names of the petitioner in the Redrawn select list dated 19.09.2022 under Page 1 of 5. Annexure-6 as his name was found place in the previous Select list dated 14.12.2020 and 30.08.2022 under Annexure-2 Series; b) The Opp.Parties be directed to send the Petitioner to ASI-Course of Training and grant him promotion to the rank of A.S.I. of Police and c) Such other Order/Orders/ Direction/Directions, as may be deem fit and proper in the interest of justice, may kindly be the in giving complete relief passed petitioner;” to 4. It is stated by the learned counsel for the Petitioner that the Petitioners being found qualified and suitable for the post of Constable was duly selected and appointed in the year 2011 in Balasore Police District. Thereafter, in the year 2020 the Petitioners appeared in the Departmental Written Examination for promotion to the rank of Assistant Sub-Inspector of Police and the Petitioner was duly selected for promotion. While the matter stood thus on 30.08.2022 the Petitioner was declared qualified in the aforesaid examination and his name found place at sl.no.2240 and 2528 respectively in the Redrawn select list dated 14.12.2020 and 30.08.2022. Accordingly, he was asked to undergo A.S.I. course of Training. 5. On 30.03.2022 the State Government issued an order creating 304 temporary (Ex-Cadre) posts in the rank of Constable for continuance of some of the regularly recruited Constables whose names could not find place in the redrawn select list for the year 2011. Pursuant to the order dated 30.03.2022 the Petitioner was declared as Ex-cadre Constable along with 303 other similarly placed Constables. The select list dated 30.08.2022 was revised on Page 2 of 5. 19.09.2022 thereby excluding several qualified Constables including the Petitioners were from the select list as he was declared Ex-cadre pursuant to order dated 30.03.2022. 6. Being aggrieved by such conduct of the Government in declaring the Petitioners as Ex-cadre, some similarly situated Constables have approached this Court by filing W.P.(C) No.10197 of 2022. A Coordinate Bench of this Court vide order dated 05.12.2024 in a batch of writ petition allowed the Writ Petition by holding that the decision of the Government to declare the Petitioners and other similarly situated persons as Ex-cadre Constables is illegal. However, while disposing of the Writ Petition, the coordinate Bench of this Court directed the Government to consider the case of the Petitioners for their regular appointment and providing consequential service benefits and quashed the impugned order Annexures-3 & 4. 7. Referring to the aforesaid judgment of the coordinate Bench, learned counsel for the Petitioner contended that the present Petitioner and similarly situated persons are no more ex-cadre Constable as has been decided by the State Government under Annexurre-3 as the said order has already been quashed by the coordinate bench. He further contended that the Petitioner, who is a Constable, belong to regular cadre and is eligible to be promoted to the post of A.S.I. and that he has been duly selected for such promotion in the recruitment test that had taken place earlier in the year 2020-2022 and pursuant to the select list dated 14.12.2020 and 30.08.2022. At this juncture, learned counsel for the Petitioner further contended that although the order putting the Petitioner in Ex- cadre post has been quashed by coordinate Bench of this court, the Opposite Parties have not considered the case of the Petitioner for Page 3 of 5. promotion to the post of A.S.I. pursuant to the select list dated 30.08.2022. Being aggrieved by such conduct of the Opposite Parties, the Petitioner has approached this Court by filing the present Writ Petition. 8. Learned Additional Standing Counsel appearing for the State on the other hand contended that the Petitioner has not approached the Opposite Parties before approaching this Court by filing the present Writ Petition. Learned Additional Standing Counsel contended that the present Writ Petition is not maintainable and accordingly she further contended that the Petitioner be directed to approach the Opposite Parties first before approaching this court in the present case. 9. Having heard learned counsels for the respective parties, after careful examination of the materials on record, further keeping in view the background facts of the present case, particularly the judgment of the coordinate Bench dated 05.12.2024 in a batch of Writ Petition under Annexure-7 to the Writ Petition, the Writ Petition is disposed of by granting liberty to the Petitioner to approach the Opposite Party Nos. 2 & 3 by filing a fresh representation taking therein all the grounds available to them along with all supporting documents within two weeks from today. In such eventuality, the Opposite Party Nos. 2 &3 shall do well to consider the representation strictly in accordance with law and further keeping in view the judgment of this Court under Annexure-7 and dispose of the representation by passing a speaking and reasoned order within six weeks from the date of receipt of the representation. Final decision so taken be communicated to the Petitioner within two weeks from the date of taking such decision. It is further directed that in the event Page 4 of 5. any process has commended in giving promotion to the rank of A.S.I., the same shall be finalized only after disposing of the representation of the Petitioner. 10. With the aforesaid observation and direction the Writ Petitioner stands disposed of. S.K. Rout ( Aditya Kumar Mohapatra) Judge Signature Not Verified Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 04-Feb-2025 15:43:24 Page 5 of 5.