The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.3210 of 2024 Subasis Rout …. Petitioner Mr. B.B.Mohanty,Advocate -versus- State of Odisha & others …. Opp. Parties CORAM:
Legal Reasoning
Mr. S.Das, A.G.A. JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 15.02.2024 01. 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 for the State-Opposite Parties. Perused the writ petition as well as documents annexed thereto. 3. The present writ petition has been filed by the petitioner with the following prayers: “Under the above circumstances, it is humbly prayed that this Hon'ble Court may graciously be pleased to issue a writ in appropriate nature to quash the Gradation list of Excise Constables of Central Division prepared by the excise Commissioner, Odisha in letter No.611 dated 16.012024 and Superintendent of Excise Bhadrak vide letter dated 21.01.2023 under Annexure-13 & 12 respectively and the Hon'ble Court may further be pleased to direct the respondents to assign appropriate seniority by placing the name of the petitioner above all initial appointee Excise Constables who were appointed on contractual basis after 20.04.2015 and allow the petitioner to be promoted as ASI, Excise with all consequential benefits on consideration of his representation dated 23.01.2024 under Annexure-14.” 4. It is submitted by learned counsel for the petitioner that the petitioner pursuant to an advertisement under Annexure-1 to the writ // 2 // application the petitioner submitted his candidature for appointment as an Excise Constable. Pursuant to such regular recruitment process the petitioner along with others were selected and they were duly appointed on regular basis against a regular vacant post pursuant to letter No.2967/establishment dated 18.05.2015. Accordingly, the petitioner joined on 20.04.2015 under Annexure-2 to the writ application. Learned counsel for the petitioner further contended that some persons were appointed on contractual basis under the rules of GA & PG Department of the year 2013. It was also contended that the said rule was repealed in the year 2022 with a stipulation in clause 4 that the persons who have been appointed under the 2013 Rules shall be deemed to have been regularized with effect from the date the repealing rules came into force, w.e.f.16.10.2022. After the contractual employees were regularized a common gradation list was prepared. The grievance of the petitioner is that although the petitioner was appointed on regular basis against a regular vacant post by following a valid selection procedure in the year 2015. However, he has been kept below such contractual appointees who were regularized in service subsequently pursuant to the repealing rule of the year 2022. 5. Learned counsel for the petitioner further contended that after publication of the tentative gradation list the petitioner and similarly situated person were called upon to file their objection. Although the petitioner filed his objection under Annexure-14 to the writ application on 23.01.2024. However, the same has not been taken in to consideration by the authorities. Learned counsel for the petitioner at this juncture submitted that although the final gradation list has not been published he apprehends that the opposite parties may not consider his as a result of which the petitioner is likely to suffer as he // 3 // has already been placed under the candidates in the gradation list who are initially appointed on contractual basis and have been regularized after the petitioner was appointed on regular basis. 6. Learned Additional Government Advocate on the other hand contended that the present writ application is premature. He further submitted that before finalization of the gradation list the petitioner has been given opportunity to file his objection. Before finalizing the tentative gradation list the opposite parties are bound to the examine the objections as per law and the relevant rules. Therefore he further contended that the present application is premature and same should be dismissed. Learned Additional Government Advocate further referring to the Annexure-13 submitted that at the time of publication of the tentative gradation list the Opposite Party were given 15 days time to file their objection with the further stipulation that the final gradation list shall be published after the 15 days period for filing the objection. In such view of the matter, learned Additional Government Advocate also contended that the Opposite Parties must have taken a final decision on the gradation list which has not been deposed to this Court by the petitioner. In any event learned Additional Government Advocate submitted that the present writ application is premature and accordingly the same should be dismissed. In reply to the contention raised by the learned Additional Government Advocate learned counsel for the petitioner submitted that although he has filed his objection pursuant to the letter under Annexure-13 to the writ application within the time stipulation prescribed in the said letter. However, neither any final decision has been taken nor the final gradation list has been published as of now. 7. Considering such submissions made by the learned counsels appearing for the respective parties, on a careful examination of the // 4 // background facts as well as materials on record, further keeping in view the fact that objections are still pending before the opposite parties for consideration pursuant to the letter under Annexure-13 this Court deems it proper to dispose of the writ application by directing the Opposite party No.2 to consider the grievance of the petitioner as has been narrated in his objection under Annexure-14 to the writ application before finalizing the gradation list. The objection of the petitioner shall be considered and disposed of in accordance with law and the rules applicable by passing a speaking and reasoned order. The decision so taken be communicated to the petitioner as expeditiously as possible preferably within a week from the date of taking such decision. It is needless to mention here that the objection certificate be disposed before the publication of final gradation list. 7. With the aforesaid observation/direction, the writ petition is disposed of. Urgent certified copy of this order be granted on proper application. Rubi ( A.K. Mohapatra) Judge Signature Not Verified Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa Date: 26-Feb-2024 18:07:06