The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.6480 of 2023 Pravakar Dash Petitioner Dr. Jitendra Kumar Lenka, Advocate …. -versus- State of Odisha and another …. Opp. Parties Mr. Saswat Das, AGA CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 13.03.2023 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-Opposite Parties. Perused the writ petition as well as the documents annexed thereto. 3. The present writ petition has been filed by the Petitioner with the following prayers:- “The Petitioner therefore, most humbly prays that Your Lordship would be graciously pleased to issue rule NISI calling upon the Opp. Parties to show cause as to why the Opp. Party No.1 (Principal Secretary to Govt., Planning & Convergence Deptt.) should not be directed to include the name of the petitioner in the gradation list as Junior Grade Typist and also further be pleased to direct to the Opp. Parties to promote the petitioner as Sr. Grade Typist with all consequential and financial benefits from the date junior to the petitioner has got the said benefits with all consequential service benefits. And further be pleased the petitioner’s case is directly covered with the judgment dt.12.04.2022 in W.P.(C) No.245/2007 in the case of Smt. Sabitri Swain Vs. State of Odisha & others. to declare that And issue any other writ/writs or // 2 // direction/directions as would be necessary in the interest of justice.” 4. It is submitted by learned counsel appearing for the Petitioner that the Petitioner was initially selected and appointed as Typist-cum- Despatcher in the office of the Commissioner, Agriculture Census, Board of Revenue, Cuttack on 24.11.1998. By virtue of a decision taken by the State Government, the Agricultural Census, Board of Revenue, Odisha, Cuttack merged with the Directorate of Economics and Statistics, Odisha w.e.f. 01.04.2006 under administrative control of P&C Department. Accordingly, the seniority of the Petitioner was refixed and the Petitioner vide letter dated 26.11.2007 under Annexure-4 has been placed below Sri Abhiram Mohapatra, Junior Typist at Serial No.6 of the gradation list of Junior Grade Typist and above Sri Bipin Bihari Mandhata, Junior Grade Typist in the said gradation list. He further contended that the fixation of the Petitioner’s seniority in the gradation list under Annexure-4 has not been assailed by anybody at any point of time. However, he further contended that one Sabitri Swain aggrieved by her position in the gradation list approached the Orissa Administrative Tribunal, Bhubaneswar by filing O.A. No.157 of 2002 and the Tribunal disposed of the same vide order dated 18.12.2006 holding that the prayer made in the O.A. is untenable and, accordingly, the O.A. was dismissed. Challenging the order passed by the O.A.T., the said Sabitri Swain approached this Court by filing W.P.(C) No.245 of 2007. A Division Bench of this Court vide order dated 12.04.2022 was pleased to allow the writ petition and consequently the impugned order dated 18.12.2006 passed in the above noted O.A. was quashed and, as a corollary thereof, the Petitioner was directed to be treated in the cadre of the DES with effect from 3rd April, 1991 and, accordingly, direction was issued to fix a seniority in the gradation list. Thereafter, a gradation list was published on 02.07.2022. // 3 // The said gradation list reveals the name of Smt. Sabitri Swain in between Sri Abhiram Mohapatra and Sri Bipin Bihari Mandhata. The name of the Petitioner does not appear in the said gradation list. 5. Learned counsel for the Petitioner at this juncture submitted that although the seniority of the Petitioner has been fixed vide letter dated 26th November, 2007 of the Joint Secretary to Government of Odisha, Planning & Co-ordination Department under Annexure-4 and the same has been communicated to the Director, Economics & Statistics, Orissa, Bhubaneswar, such decision has not been given effect to by the State Government. Accordingly, the Director, Economics & Statistics, Odisha, Bhubaneswar wrote a letter to the Special Secretary to the Government of Odisha, Planning and Convergence Department, Odisha, Bhubaneswar regarding the fixation of the seniority of the Petitioner in the post of Typist-cum-Despatcher vide letter dated 30th January, 2023 under Annexure-7 to the writ petition. It is stated that no decision has been taken on the letter of the Director, Economics & Statistics, Odisha, Bhubaneswar to the Government under Annexure-7. 6. Learned Additional Government Advocate appearing for the State-Opposite Parties, on the other hand, contended that seniority of the Smt. Sabitri Swain has been refixed pursuant to the judgment of the Division Bench of this Court. Therefore, the Opposite Parties have not committed any illegality by placing her in the gradation list as per the direction issued by a Division Bench of this Court. So far the present petitioner is concerned, it is submitted by the learned Additional Government Advocate that it appears from Annexure-7 that the Director of Economics & Statistics, Odisha, Bhubaneswar has already written to the Government vide his letter dated 30th January, 2023. In such view of the matter, learned Additional Government Advocate submitted that the writ petition can be disposed of by directing the Opposite Party No.1 to // 4 // consider the case of the Petitioner in accordance with law within a stipulated period of time. 7. Considering the submissions made by the learned counsels for the respective parties and upon a conspectus of the background facts of the present case and further taking into consideration the letters under Annexures-4 and 7 to the writ petition, this Court disposes of the writ petition at the stage of admission by directing the Opposite Party No.1- Principal Secretary to Government of Odisha, Planning and Convergence Department, Lok Seva Bhawan, Bhubaneswar to consider the case of the Petitioner keeping in view the letters under Annexures-4 and 7 to the writ petition. Further, the Opposite Party No.1 is directed to consider the case of the Petitioner in accordance with law within a period of six weeks from the date of production of certified copy of this order. In the event it is found by the Opposite Party No.1 that the recommendation under Annexure-4 is legally valid and the same has not been assailed as of now, then the gradation list be suitably amended to include the name of the Petitioner within the aforesaid time framed. Further, it is made clear that upon such suitable modification of the gradation list, any consequential benefits including promotion which the Petitioner is entitled to as per law shall also be considered by the authorities and be extended to him within a reasonable period of time. Any decision taken thereon shall be communicated to the Petitioner within two weeks thereafter. 8. Urgent certified copy of this order be granted on proper application. Debasis ( A.K. Mohapatra) Judge