The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.4601 of 2025 Ashok Kumar Behera ..... Petitioner Represented By Adv. - Kunal Kumar Swain -versus- State Of Odisha and others .....
Legal Reasoning
Opposite Parties Mr. Sasmita Nayak, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 17.02.2025 Order No. 01. 1. 2. This matter is taken up through Hybrid mode. Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “Under the above circumstances, it is humbly prayed that the writ petition may be allowed; (A) a writ of mandamus or an appropriate writ may be issued by quashing the impugned Final Gradation List of Additional Chief Engineers (Civil) published by the Deputy Secretary to Government of Odisha in Works Department vide Page 1 of 5. order dated 28.01.2025 under Annexure:6 and the same may be re-casted by assigning correct position to the petitioner by placing him at Sl. No.1 by reckoning his seniority with effect from the date of his initial joining i.e. 04.06.1993 and he may be declared as senior to opposite party No.7 and thereafter the case of the petitioner may be considered for promotion to the rank of Chief Engineer as the next promotion will be made on the basis of seniority, within a time to be stipulated by this Hon’ble Court: (B) And any or other direction/directions order orders may be issued so as to give complete relief to the petitioner.” 4. The present writ application has been filed by the Petitioner with a prayer for a direction to the Opposite Parties to quash the impugned final gradation list of Addl. Chief Engineer (Civil) passed by the Deputy Secretary, Govt. of Odisha in Works Department vide order dated 28.01.2025 under Annexure-8 to the writ petition. A further prayer has also been made for a direction to recast the gradation list by assigning the correct position to the present Petitioner, i.e. by keeping him above the person at Sl. No.1 of the provisional as well as the final gradation list. 5. Learned counsel for the Petitioner at the outset contended that in the provisional gradation list under Annexure-4 to the writ petition, the Opposite Party No.5 has been placed at Sl. No.5 and the date of entry into government service has been shown on 03.03.1994. Whereas the present Petitioner has been placed at Sl. No.54 of the said provisional gradation list and his initial entry into the government service has been shown as 04.06.1993. Accordingly, the Page 2 of 5. Petitioner filed an objection under Annexure-5 dated 06.01.2025 with a prayer to recast the provisional gradation list. He further contended that without considering the objection of the present Petitioner under Annexure-4 to the writ petition, the Opposite Parties have published the impugned final gradation list under Annexure-6 vide office order No.1861 dated 28.01.2025. 6. Learned counsel for the Petitioner further contended that in the final gradation list under Annexure-6, the present Opposite Party No.5 has been shown at Sl. No.1 by showing his date of entry in the government service dated 03.03.1994 whereas the present Petitioner has been shown at Sl. No.50 with initial entry into the government service on 04.06.1993. On such ground, learned counsel for the Petitioner submitted that the present Petitioner is senior to the person at Sl. No.1 in the final gradation list, who has been arrayed as Opposite Party No.5 to the present writ petition. On such ground, learned counsel for the Petitioner submitted that the impugned gradation list calls for interference by this Court in view of the aforesaid illegality which apparent to the face of the record. 7. Learned counsel for the State-Opposite Parties on the other hand contended that the objection filed by the Petitioner has been duly considered by the Opposite Parties before finalizing the gradation list under Annexure-6 to the writ petition. She further submitted that after taking into consideration the details of each of the government officers’ name in the gradation list under Annexure- 6, their positions have been finalized and accordingly the final gradation list has been published. On such ground, leaned counsel for the State submitted that the final gradation list published by the Page 3 of 5. Opposite Parties does not call for any interference by this Court at this stage. 8. Considering the submissions made by the learned counsels appearing for both sides, further taking into consideration the factual background in the present case as well as the documents filed along with the writ application, this Court observes that the submission made by the learned counsel for the Petitioner is supported by the documents under Annexure-4, 5 & 6 to the writ petition. It further appears that earlier the Petitioner had filed his objection to the provisional gradation list under Annexure-4. However, there is nothing on record to suggest that the same has been considered by the concerned authorities before finalizing the provisional gradation list under Annexure-6 to the writ petition. Moreover, it is a settled position of law that if any objection has been filed, then the same should be considered and disposed of by passing a speaking and reasoned order and such order is also required to be communicated to the person aggrieved. However, such procedure has not been followed in the case of the present Petitioner. Taking into consideration the aforesaid facts as well as keeping in view the fact that the Petitioner has been able to make out a prima facie case in his favour, this Court deems it proper to dispose of the writ petition at the stage of admission by directing the Opposite Party No.1 to consider the objection of the Petitioner under Annexure-5 to the writ petition dated 06.01.2025 within a period of four weeks from the date of communication of a certified copy of this order. The objection of the Petitioner shall be considered by providing opportunity to both the Petitioner as well as the Opposite Party No.5 and the objection Page 4 of 5. shall be disposed of by passing a speaking and reasoned order. The final decision so taken by the Opposite Party No.1 be communicated to the Petitioner within a week from the date of taking such a decision. It is further directed that the final gradation list under Annexure-6 shall not be acted upon for a period of four weeks or till disposal of the representation of the Petitioner. 9. With the aforesaid observations/directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. 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: 19-Feb-2025 09:28:06 Page 5 of 5.