The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.7494 of 2025 Bijay Kumar Malik ..... Petitioner Represented By Adv. – Mr. Arun Kumar Acharya State of Odisha and others ..... Opposite Parties -versus- Represented By Adv. –
Legal Reasoning
Mr. Samresh Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No.
Decision
ORDER 26.06.2025 06. 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 to the writ petition. 3. The present writ petition has been filed by the Petitioner with the following prayers:- “The Petitioner prays that your Lordships may be pleased to consider the facts stated in the petition, admit the same, issue Rule NISI to the Opposite Parties to show cause as to why the Petitioner shall not be granted promotion to the rank of Deputy Conservator of Forest with effect from 26.11.2021, i.e., the date on which said Sri Prasanta Kumar Swain got promoted to the said rank of Deputy Conservator of Forest and shall not stick to their own decision in the minutes of the DPC under Annexure-1, wherein, the Opposite Parties have already fixed the Page 1 of 5. seniority of the Petitioner above said Sri Prasanta Kumar Swain; if the Opposite Parties fail to show cause or show insufficient cause, make the rule absolute; issue a writ of Mandamus commanding the Opposite Parties to stick to their own decision in the minutes of the DPC under Annexure-1 wherein, the Opposite Parties have already fixed the seniority of the Petitioner above said Sri Prasanta Kumar Swain; other writ/writs, order/orders, direction/directions, as your Lordships think just and proper.” And may issue any 4. Learned counsel for the Petitioner, at the outset, contended that the inter-se seniority of the Petitioner was fixed in the tentative gradation list dated 01.09.2022 and the Petitioner was placed below one Aditya Narayan Sethi, placed at Serial No.2 and above Prasanta Kumar Swain, at Serial No.5, in such gradation list. Accordingly, vide Notification No.16092 dated 09.09.2022 such gradation list was published wherein the Petitioner was placed at Serial No.5. Therefore, it was contended that at the time the DPC was convened, the Petitioner’s name was at Serial No.5 in the gradation list. On the basis of the recommendation of the DPC, the above named Prasanta Kumar Swain, whose name was at Serial No.6 in the tentative gradation list, has been given promotion ignoring the case of the Petitioner whose name appeared at Serial No.5 in the aforesaid gradation list. He further contended that Opposite Party No.1, vide Notification No.18011 dated 23.08.2023, promoted the Petitioner to the post of Assistant Conservator of Forest in the year 2017 by extending consequential financial benefits in his favour w.e.f. 16.05.2017. 5. Learned counsel for the Petitioner further contended that from Notification No.24221 dated 21.11.2023, the Petitioner came to learn that above named Prasanta Kumar Swain, whose name appeared at Page 2 of 5. Serial No.6, has been given promotion to the rank of Deputy Conservator of Forest by virtue of Notification dated 21.11.2023 w.e.f. 26.11.2021. The Petitioner was given promotion to the rank of Deputy Conservator of Forest vide Notification No.4519 dated 13.03.2024 and he was posted as a Working Plan Officer, Angul and, as such, the Petitioner joined on duty on 15.03.2024. Finally, the Opposite Party No.1, vide Notification No.2580 dated 30.01.2025, gave promotion to the Petitioner to the post of Deputy Conservator of Forest for a period of one year on ad-hoc basis pursuant to the order under Annexure-3. The grievance of the Petitioner in the present writ petition is that although the above named Prasanta Kumar Swain, whose name appears below the Petitioner, has been given promotion to the post of Deputy Conservator of Forest vide Notification dated 21.11.2023 w.e.f. 26.11.2021, however the case of the Petitioner, who happens to be senior to the above named Prasanta Kumar Swain and whose name finds place Serial No.5, has not been considered along with the above named Prasanta Kumar Swain. 6. Learned counsel for the Petitioner further submitted that the Opposite Party No.1, in an illegal and arbitrary manner, has given promotion to the Petitioner to the post of Deputy Conservator of Forest on ad-hoc basis vide Notification dated 13.03.2024 and thereafter vide Notification dated 30.01.2025 again on ad hoc basis. Being aggrieved by such discriminatory and arbitrary treatment of the Petitioner, the Petitioner has approached this Court by filing the present writ petition. 7. Learned counsel for the State, on the other hand, contended that the Opposite Parties have not committed any illegality as the Petitioner has already been given promotion to the post of Deputy Page 3 of 5. Conservator of Forest though on ad-hoc basis. He further submitted that in the event the Petitioner has any grievance, he should approach the Opposite Party No.1 for redressal of his grievance instead of approaching this Court. 8. Learned counsel for the Petitioner, at this juncture, contended that although he had already approached the Opposite Party No.1 by filing a detailed representation on 20th June, 2025 under Annexure-6, however no decision has been taken on such representation. Being aggrieved by such inaction on the part fo the Opposite Party No.1, the Petitioner has approached this Court by filing the present writ petition. 9. Having heard the learned counsels appearing for the respective parties and on a careful examination of the background facts as well as the documents annexed to the writ petition, further keeping in view the fact that the Petitioner is going to retire by end of this month, this Court deems it proper to dispose of the writ petition at the stage of admission since the State-Opposite Parties could not file their reply despite several adjournments, by directing the Opposite Party No.1 to consider and dispose of the representation of the Petitioner dated 20.01.2025 under Annexure-6, as expeditiously as possible. Furthermore, in the event it is found that the Petitioner’s name appears at Serial No.5, i.e. above the name of Prasanta Kumar Swain, then the case of the Petitioner be considered for promotion to the post of Deputy Conservator of Forest and in the event the Petitioner is found to be eligible for such promotion, the Petitioner shall be given promotion to the post of Deputy Conservator of Forest from the date the above named Prasanta Kumar Swain was given such promotion and all consequential financial benefits be extended Page 4 of 5. in his favour, if there are no other legal hurdles to the same. Since the Petitioner is retiring by the end of this month, this Court expects that the Opposite Party No.1 shall do the needful to take a lawful decision by keeping in view the case of the above named Prasanta Kumar Swain and pass a speaking order as expeditiously as possible, preferably before retirement of the Petitioner from service. 10. Since this order is being passed in the absence of a counter affidavit being filed by the Opposite Parties, liberty is given to the Opposite Parties to seek for variation or modification of this order in the event it is found that the Petitioner has suppressed any material facts or has misled this Court in any manner. 11. With the aforesaid observation and direction, the writ petition stands disposed of. Debasis ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 26-Jun-2025 17:26:33 Page 5 of 5.