The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.3928 of 2025 Satyabrata Mohanty ..... Petitioner Represented By Adv. - Suresh Kumar Choudhury -versus- ..... Opposite Parties Represented By Adv. – Mr. Samaresh Jena, A.S.C. 1) State Of Odisha 2) The Secy.,r.d.,bbsr 3) The Engineer In Chief,bbsr
Legal Reasoning
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 11.02.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the writ application as well as documents annexed thereto. 3. The present writ application has been filed by the petitioner with a prayer for direction to the Opposite Parties to consider the case of the petitioner for promotion to the next higher post with retrospective effect and accordingly the promotional benefits to be extended to the petitioner. 4. Learned counsel for the petitioner contended that in January,1991 the petitioner joined as Stipendiary Engineer. Thereafter, in October, Page 1 of 4. 1999 he was posted as Asst. Engineer. While working as Asst. Engineer the petitioner was promoted to the post of Executive Engineer in the year 2010. Learned counsel for the petitioner at this juncture contended that in the year 2014-15, the Personal Appraisal Report (PAR) was introduced for the first time and the same was required to be submitted through online mode to HRMS Portal of the Govt. of Odisha. He further contended that from the year 2015-16, the submission of the e-PAR to online mode in HRMS Portal was made mandatory. It was also contended that although the performance of the petitioner was appraised duly, however the e-PAR could not be uploaded in due time, therefore the case of the petitioner has not been consider for promotion to the next higher post of Superintending Engineer. As a result of which the petitioner is deprived of an opportunity to get promotion. Finally on 27.04.2022, the petitioner has been served with a notice of his retirement w.e.f. 30.04.2022. Accordingly, the petitioner has retired from service w.e.f. 30.04.2022 while he was working as Executive Engineer, Quality Control Division in the Rural Works Circle Office, Sambalpur. Being aggrieved by such conduct of the Opposite Parties in not promoting him to the post of Superintending Engineer, the petitioner has approached this Court by filing the present writ application. 5. Learned counsel for the petitioner in course of his argument drawing attention of this Court to the circular dated 15.03.2024 under Annexure-2 contended before this Court that by virtue of the said circular the State Government has granted relaxation in respect of submitting the PAR to online mode. On perusal of the circular under Annexure-2 it appears that the GA & PG Department, Govt. of Odisha has taken a decision for acceptance of the physical/online PARs in respect of Group-A & Group-B officers of the State Govt. In such view Page 2 of 4. of the matter, learned counsel for the petitioner submitted that the case of the petitioner be considered in terms of the circular dated 15th March, 2024 under Annexure-2 for which promotion to the next higher post of Superintending Engineer. Accordingly, petitioner be given promotion to the post of Superintending Engineer and the consequential service as well as financial benefits be extended in favour of the petitioner within stipulated period of time. 6. Learned counsel for the State on the other hand contended that the petitioner has already retired w.e.f. 13.04.2022. He further contended that the present writ application has been filed belatedly i.e. one and half years after the retirement of the petitioner from service. He further contended that the circular dated 15.03.2024 has prospective operation and that the petitioner has already retired from service which is not entitled to be covered under the office circular under Annexure-2. On such ground, learned counsel for the State submitted that the present writ application is devoid of merit and accordingly the same should be dismissed. 7. Having heard the learned counsels appearing for the respective parties, on a careful examination of the submissions made by the learned counsel appearing from both sides, further on a scrutiny of documents annexed to the writ application as well as submitted by both parties, this Court observes that the petitioner has retired from service w.e.f. 30.04.2022 while he was working as Executive Engineer. Further, it is revealed that the petitioner has compiled with the eligibility criteria for being considered to the next higher level post of Superintending Engineer. However, his case has not been considered by the authorities on the ground that the e-PAR of the petitioner was not uploaded in the HRMS Portal of the Govt. of Odisha. Moreover, the circular under Annexure-2 dated 15.03.2024 has not fixed any specific time limit from Page 3 of 4. which date it came to operation. On the contrary the said circular has granted the same relaxation to the employees whose e-PAR is not be uploaded in the HRMS Portal of the Govt. of Odisha. In the aforesaid context this Court is likely to observe that right to promotion has not been recognised in law whereas the right to be considered for promotion is a right of the present petitioner. This Court in many decisions has also categorically held that non-availability of e-PAR in the HRMS Portal is not a ground to withhold promotion to the person otherwise eligible for promotion to the next higher post rank. Keeping in view of the aforesaid settled position of law, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite parties to consider the case of the petitioner in the light of circular dated 15th March, 2024. Accordingly, the petitioner is directed to approach the Opposite Party No.1 along with a copy of today’s order within two weeks from today. In such eventuality, the Opposite Party No.1 shall do well to consider the same and keeping in view the circular dated 15.03.2024 under Annexure-2 and dispose of the grievance of the petitioner within a period of eight weeks from the date of filing of the copies of today’s order. Any final decision so taken be communicated to the petitioner within ten days from the date of taking such decision. 8. With the aforesaid observations and directions, the writ petition stands disposed of. Rubi ( A.K. Mohapatra) Judge Page 4 of 4. Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 12-Feb-2025 18:55:05