The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.8650 of 2024 Biswajit Singh ..... Petitioner Represented By Adv. - Gyana Ranjan Sethi -versus- 1) State Of Odisha 2) Addl. Chief Secretary, G.a. And P.g. Dept. 3) Superintending Engineer, Cuttack (r And B) Division-ii ..... Opposite Parties Represented By Adv. -
Legal Reasoning
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA CORAM: Order No.
Decision
ORDER 10.04.2024 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 Standing Counsel. Perused the Writ Petition as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “ It is therefore, humbly prayed that this Hon’ble Court may graciously be pleased to admit the case, call or the records and after hearing both the parties pass the following reliefs i) To direct the Opp.Parties to promote the Page 1 of 5. Petitioner to the post of Executive Engineer from the date when the juniors have got promotion by convening special DPC as he will retire from service on 03.05.2024 on attaining the age of superannuation. ii) To direct the Opposite Parties to grant all financial and other consequential service benefits flowing from the date of promotion as Executive Engineers. And pass such other order/orders as may be deemed fit and proper for the interest of justice.” 4. The grievance of the Petitioner in the present Writ Petition is that although the Petitioner is eligible for promotion to the post of Executive Engineer, his case has not been considered for such promotion. It is further contended by the learned counsel for the Petitioner that the Opposite Parties have not considered the case of the Petitioner for promotion for want of PAR for the period from 2019-20, 2020-21 and 2021-22. He further contended that on 19.03.2024 the Petitioner has uploaded his PAR in HRMS portal for the period 2019-20, 2020-21 and 2021-22 which was required for consideration of the Petitioner’s case for promotion to the post of Executive Engineer. It was also contended by the learned counsel for the petitioner that although the DPC was convened on 30.03.2024, the case of the Petitioner was not considered instead they have considered the case of juniors to the Petitioner ignoring the just and fair claim of the Petitioner. Being aggrieved by such conduct of the Opposite parties, the Petitioner has approached this Court by filing the present Writ Petition. 5. Learned Additional Standing counsel on the other hand contended that as per the Rules, the Petitioner is required to upload the PAR in HRMS portal in a time bound manner. Since the Page 2 of 5. Petitioner has failed to upload his PARs, the case of the Petitioner was not forwarded to the DPC for consideration of promotion to the post of Executive Engineer. Learned Additional Standing Counsel also contended that the Opposite Parties have not committed any illegality in the matter. In course of his argument, learned Additional Standing Counsel referred to Circular dated 15.03.2024 wherein the State Government has extended the time to submit PARs through online mode. He further contended that in view of the aforesaid Notification the HRMS portal for uploading the e-PARs was opened for two more months. It is also contended that in respect of the year 2023-24 e-PARs have been made mandatorily. Since the PARS of the Petitioner was not available in the HRMS portal of the Government, the case of the Petitioner has not been considered, therefore the Opposite Parties have not committed any illegality and accordingly the Writ Petition is devoid of merit and the same is liable to be dismissed. 6. In reply to the aforesaid submission of the learned Additional Standing Counsel, learned counsel for the Petitioner submitted that since the HRMS portal was closed, the Petitioner could not upload his e-PAR. After reopening of the HRMS portal, he uploaded the e- PARs on 19.03.2024 which is well before the DPC for considering the case of the Petitioner for promotion to the post of Executive Engineer was held. However, the Opposite Parties have committed gross illegality by not taking into consideration the e-PARS of the Petitioner submitted on 19.03.2024. He also contended that the Petitioner has ventilated his grievance before the Opposite Party by filing a representation dated 30.03.2024 under Annexue-6 to the Writ Petition. However, no final decision has been taken on the Page 3 of 5. representation of the Petitioner. Learned counsel for the Petitioner further contended that being aggrieved by such inaction of the Opposite Parties in not taking a decision on the representation of the Petitioner, the Petitioner has approached this Court by filing the present Writ Petition. 7. Having heard learned counsel for the respective parties, on a careful examination of the background facts of the present case as well as the materials on record, this Court is of the view that at the time of consideration of the case of the Petitioner for promotion from the post of Assistant Executive Engineer to the post of Executive Engineer, the e-PARS of the Petitioner was already uploaded on 19.03.2024. Thereafter, the Opposite Parties should have taken into consideration the e-PARS while the DPC was considering the case of the Petitioner on 30.03.2024 8. Considering the limited nature of prayer made in the writ Petition, 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 grievance of the Petitioner by taking into consideration the Annexure-6 dated 30.03.2024. It is further directed that the grievance of the Petitioner be redressed and the representation of the Petitioner be disposed of in accordance with law within a period of four weeks from the date of communication of certified copy of this order. Final decision so taken be communicated to the Petitioner within a week. It is further directed that in the event the Petitioner is found eligible and his juniors were given promotion in the meantime, the Opposite Party No.1 shall do well to convene a Review DPC in the meantime and the Petitioner be given promotion subject to his Page 4 of 5. eligibility within the aforesaid time. 9. With the aforesaid observation, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge RKS Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 24-Apr-2024 17:41:03 Page 5 of 5.