Chittaranjan Pattnaik State of Odisha and another … v. …
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 19861 of 2011 Chittaranjan Pattnaik State of Odisha and another ….. Vs. ….. Petitioner Mr. S.N. Biswal, Advocate Opposite Parties Mr. B. Mohanty, AGA CORAM: DR. JUSTICE B.R. SARANGI MR. JUSTICE G. SATAPATHY
Decision
ORDER 02.04.2024 Order No. 32. This matter is taken up through hybrid mode. 2. Heard Mr. S.N. Biswal, learned counsel for the petitioner and Mr. B. Mohanty, learned Additional Government Advocate for the State. 3. The petitioner has filed this writ petition seeking to quash the order dated 17.03.2011 passed by the Orissa Administrative Tribunal, in C.P.(C) No. 237 of 2007 and to direct the opposite parties to extend the relief as has been directed by the Orissa Administrative Tribunal, Bhubaneswar dated 31.01.2007 in O.A. No. 599 of 1993. 4. Mr. S.N. Biswal, learned counsel for the petitioner contended that since the petitioner was deprived to get the benefit of promotion to the post of Reserve Inspector, the petitioner approached the Orissa Administrative Tribunal, Bhubaneswar by filing O.A. No. 599 of 1993. The said Original Application was disposed of vide order dated 31.01.2007 with the following observation and direction. “That being the position we deem it proper to with a direction upon dispose of the application Page 1 of 6 respondent No.1 to call for the relevant papers and take an appropriate view with regard to restoration of the applicant back to his former promotional post of Reserve Inspector with effect from the date his immediate junior was promoted within a period of three months, from the date of receipt of a copy of this order and since the present applicant has retired, all consequential benefits accrued to the applicant be also made available to him within a period of three months thereafter.” Due to non-compliance of the order dated 31.01.2007 passed in O.A. No. 599 of 1993, the petitioner approached the Tribunal by filing C.P.(C) No. 237 of 2007, which was disposed of vide order dated 17.03.2011 with the following observation and direction. “Considering the submissions made by learned counsels for both the parties and keeping in view the fact that vide order dated 31.1.2007 in O.A. 599/93 the Tribunal has disposed of the O.A with a direction to the respondent no.1 to call for the relevant papers and take an appropriate view with regard the applicant back to his former promotional post of Reserve Inspector with effect from the date his immediate junior was promoted and with all consequential benefits accrued to the applicant, it has to be treated as all consequential benefits accrued to the applicant with regard to the post of Reserve Inspector keeping in view the fact that the Tribunal has not whispered a single word relating to promotion of the applicant to the next higher post of Asst. Commandant. to restoration of In view of the above, we are of the considered view that the order of this Tribunal dated 31.1.2007 has been complied by the competent authorities concerned in letter and spirit. However, if the applicant has any other/further grievance relating to his promotion to the post of Asst. Commandant, Deputy Commandant and Commandant, he is at liberty to approach appropriate forum for redressal of his grievance in accordance with law. We may further opine that since nothing has been mentioned in order dated 31.1.2007 passed in OA. 599/93 relating to the issue of promotion of the applicant to the post of Asst. Commandant and his promotion to the next higher rank of Dy. Page 2 of 6 Commandant and Commandant, filing of any other application before any other forum shall not be treated as a bar applying principles of resjudicata.” 5. It is further contended that since the petitioner has been granted the promotion to the post of Reserve Inspector, the contempt proceeding was dropped opining that since nothing has been mentioned in order dated 31.1.2007 passed in OA. 599/93 relating to the issue of promotion of the petitioner to the post of Asst. Commandant and his promotion to the next higher rank of Dy. Commandant and Commandant, filing of any other application before any other forum shall not be treated as a bar applying principles of resjudicata. It is contended that once the Tribunal has already expressed its view vide order dated 31.01.2007 that the petitioner is entitled to get the benefit of Reserve Inspector and all consequential benefits accrued to the petitioner, therefore, the Tribunal while dropping the contempt proceeding has not appreciated the earlier direction given by that forum. More so, all consequential benefits includes promotion, salary, increment and other benefits as admissible to the post. Therefore, once the Tribunal has expressed the view that the petitioner is entitled to get the promotional benefit, the same includes promotion to the posts of Assistant Commandant, Deputy Commandant and Commandant and as such the petitioner is entitled to get the differential salary out of such promotion. 6. Accordingly, vide order dated 05.01.2024, learned Additional Standing Counsel prayed for some time to obtain instruction as to why such benefits have not been extended to petitioner. Thereafter, the matter was listed on 21.03.2024 and again time was prayed for on Page 3 of 6 behalf of learned State Counsel to comply the order dated 05.01.2024. 7. Mr. B. Mohanty, learned Additional Government Advocate, referring to the counter affidavit, contended that the case of the petitioner was taken into consideration by the DPC in the year 1978 along with one Sri Somanath Guru and others who were junior to him and as per the result of the DPC held in the year 1978 his juniors were allowed promotion to the rank of Assistant Commandant, but he had not been selected for promotion. It has also been indicated in the counter affidavit that large number of his juniors were also promoted to the rank of Assistant Commandant as per the result of the DPCs held in 1981 onwards, but he was not selected by those DPCs. Finally he was promoted to the rank of Assistant Commandant on 01.01.1993 as per the result of the DPC held in the year 1992. Hence, his claim for promotion in 1978 to the rank of Assistant Commandant in which year his junior Sri Somanath Guru was promoted to the rank of Assistant Commandant has no merit. 8. Mr. S.N. Biswal, learned counsel for the petitioner brings to the notice of this Court about the order dated 09.10.2009 of the AIG of Police Hdqrs., Odisha addressed to the Principal Secretary to Government of Odisha, Home Department, wherein it has been stated that pursuance to the order of the Tribunal dated 30.01.2007 in OA No.599 of 93, the petitioner was allowed retrospective promotion to the rank of R.I. of Police vide this Hdqrs. letter dated 20.12.2008 from the year 1967 i.e. from the date his immediate junior Shri Somanath Guru, Ex-R.I. was allowed promotion to the rank of R.I. under intimation to Government vide memo dated 20.12.2008. Subsequently, the above order was modified vide order dated Page 4 of 6 03.09.2009 in which the petitioner was allowed retrospective promotion to the rank of R.I. with effect from 10.11.1969, i.e. the date when his immediate junior Shri Somanath Guru was allowed promotion to the rank of R.I. Shri Guru was allowed promotion to the rank of Assistant Commandant with effect from 07.08.1978 as per Home Department Notification dated 24.06.78 whereas the petitioner got promotion to the rank of Assistant Commandant vide Home Department Notification dated 26.12.1992. It is further contended that the petitioner should have been given promotion from the date his Junior Shri Guru was given the promotion, i.e. with effect from 07.08.1978. 9. Having heard learned counsel for the parties and after going through the record, so far as factual matrix is concerned, there is no dispute, but fact remains the claim made by the petitioner that he should be given retrospective promotion to the post of Assistant Commandant with effect from 07.08.1978 is concerned, i.e. the date when his junior Shri Guru got the promotion, the said relief cannot be granted to the petitioner in view of the fact that the case of the petitioner was taken into consideration by the DPC held in the year 1978, but he could not be successful in the said DPC. That apart large number of his juniors were also promoted to the rank of Assistant Commandant as per the result of the DPCs held in 1981 onwards, but he was not selected by those DPCs. Finally he was promoted to the rank of Assistant Commandant on 01.01.1993 as per the result of the DPC 1992. 10. Therefore, the claim made by the petitioner that he should be given retrospective promotion with effect from 07.08.1978 when his immediate junior Shri Somanath Guru got the promotion has no Page 5 of 6 justification as he could not qualify in the DPC held till 1992. In view of such position, grant of retrospective promotion to the petitioner from 07.08.1978 is not admissible and the benefit of promotion can only be granted from the date, he actually got promotion on 01.01.1993 as per the result of the DPC held in the year 1992. 11. In view of the above, this Court is not inclined to interfere with order passed by the Tribunal under Annexure-1 and extend the benefit as claimed by him. 12. The writ petition is disposed of accordingly. JUDGE (DR. B.R. SARANGI) Arun (G. SATAPATHY) JUDGE Signature Not Verified Digitally Signed Signed by: ARUN KUMAR MISHRA Designation: ADR-cum-Addl. Principal Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 04-Apr-2024 10:28:20 Page 6 of 6