The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.13378 of 2025 Swarajya Keshari Nayak ..... Petitioner 1) State Of Odisha 2) Addl. Chief Secretary To Govt., W.r. Dept. -versus- ..... Represented By Adv. - Prasanta Kumar Mishra Opposite Parties Represented By Adv. – Mr.Chiranjaya Mohanty, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 13.05.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel for the State. Perused the Writ Petition as well as the documents annexed thereto. 3. The Petitioner has filed the present Writ Petition with the following prayer : “In view of the facts and circumstances stated above, it is prayed, therefore, that this Hon’ble Court may graciously be pleased to ; i)
Legal Reasoning
Direct the O.P.No.2 to promote the Petitioner to the rank of Deputy Executive Engineer (C) w.e.f. 04.08.2017 i.e. the date of promotion of his immediate junior Sri Chandi Prasad Mohapatra with all service and financial benefits by opening the sealed cover if adopted or if sealed cover procedure was not adopted, direct the O.P.No.2 to consider and promote him to the rank of (C) w.e.f. Deputy Executive Engineer Page 1 of 6. 04.08.2017 by convening a review D.P.C. with all service and financial benefits in terms of G.A. Department O.M. dated r/w 01.11.1997 under Annexure-15 and 16 within a stipulated period of time and ; 18.02.1994 Further be pleased to direct the O.P.No.2 to consider and promote him to the ranks of E.E.(C) w.e.f. 08.03.2019 and S.E.(C) w.e.f. 16.07.2021 i.e. the dates of promotions of his immediate junior Sri Chandi Prasad Mohapatra by convening review D.P.Cs with all service and financial benefits within a stipulated period of time. Further be pleased to direct the O.P.No.2 to revise his pension and other retirement dues including unutilised leave salary accordingly within a stipulated period of time. Further be pleased to direct the O.P.No.2 to disburse differential salary and other differential amount within a stipulated period of time; ii) iii) iv) 4. Learned counsel for the Petitioner at the outset contended that the Petitioner, while working as Assistant Engineer (C), was entangled in a Disciplinary Proceeding vide Memorandum dated 25.09.2008. Thereafter, another Disciplinary Proceeding was also initiated against the Petitioner vide Memorandum dated 24.04.2009 under Annexure-2 to the Writ Petition. While the matter stood thus, the post the Petitioner was holding was upgraded as Assistant Executive Engineer vide Notification dated 26.02.2014 under Annexure-3. During the pendency of the aforesaid two Disciplinary Proceedings, the junior to the Petitioner namely, Chandi Prasad Mohapatra and others were given promotion on 04.08.2017 to the rank of Deputy Executive Engineer(C). Since the Petitioner was implicated in two Disciplinary Proceedings, the DPC adopted the sealed cover procedure. The fate of the Petitioner was kept sealed in sealed Page 2 of 6. cover. While this was the position, vide Notification dated 08.03.2019 under Annexure-5 the immediate juniors to the Petitioner got promotion to the rank of Executive Engineer (C). 5. Learned counsel for the Petitioner further contended that by virtue of the Notification dated 16.07.2021 under Annexure-6, again the immediate juniors of the Petitioner were given promotion to the rank of Superintending Engineer(C). Since the Disciplinary Proceedings which were initiated against the Petitioner were still continuing, the Petitioner was not given promotion. However, the DPC adopted sealed cover procedure while considering the case of the juniors for promotion. Being aggrieved by such conduct of the Opposite Parties, the Petitioner initially approached this Court by filing W.P(C) No.25262 of 2021. A coordinate bench of this Court, vide order dated 24.08.2021, disposed of the Writ Petition granting liberty to the Petitioner to approach the Opposite Parties by filing a fresh representation, however, no such decision has been taken on such representation. While this was the position, the Petitioner retired from service on attaining the age of superannuation with effect from 31.08.2022. Since the Petitioner was not given the benefit of promotion to the next higher rank at par with his immediate juniors, the Petitioner was compelled to file W.P.(C) No.33377 of 2023 on 09.10.2023. This Court vide order dated 13.10.2023
Decision
disposed of the said Writ Petition by directing the Opposite Party no.1 to conclude the pending Disciplinary Proceeding within six weeks from the date of communication of certified copy of the order dated 13.10.2023 and that in the event they failed to conclude the Disciplinary Proceedings within the aforesaid time, it would be deemed that the same would have terminated in Page 3 of 6. favour of the Petitioner and the Opposite Party No.2 was directed to grant and release all consequential service benefits including all retiral dues and unutilised leave salary in favour of the Petitioner. Similarly, challenging the memorandum dated 25.09.2008 the Petitioner filed another Writ Petition bearing W.P.(C) No.38704 of 2023. The said Writ Petition was disposed of on 05.12.2023 by passing an identical order which was passed in W.P.(C) No.33377 of 2023, which has been discussed in the foregoing paragraph. 6. Learned counsel for the Petitioner at this juncture contended that both the proceedings terminated in favour of the Petitioner. Thereafter, the Petitioner filed CONTC No.1087 of 2024 and CONTC No.4673 of 2024 for implementation of the second part of the order passed in the aforesaid two Writ Petitions. During the pendency of the aforesaid two Contempt Petitions, the P.P.O. was prepared and the same was issued in favour of the Petitioner as Assistant Executive Engineer. Finally, the Contempt Petitions were disposed of vide order dated 11.04.2024, wherein this Court recorded the statement of the Contemnor-Opposite Parties and granted liberty to the Petitioner to approach this Court again in the event the cause of action still survives. 7. Learned counsel for the Petitioner at this juncture submitted that since the grievance of the Petitioner has not been finally redressed, the Petitioner has once again approached this Court by filing the present Writ Petition. He further contended that although the Petitioner is entitled to the notional promotion in view of the Office Memorandum of G.A. & P.G. Department, Government of Odisha dated 29.05.2020 under Annexure-17, Page 4 of 6. however, he has not been given notional promotion as well as the financial benefits, which the Petitioner is entitled to get. Learned counsel for the Petitioner also refers to the judgment of this Court in State of Orissa and another v. Sisir Kumar Samanta and others in OJC No.10690 of 2000 disposed of on 13.03.2008 in support of his contention that the Petitioner is entitled to the notional promotion and the consequential financial benefits even if he has retired from service in the meantime. 8. Learned Additional Standing Counsel appearing for the State on the other hand contended that although he has no instruction in the matter, however, he contended that in the event the Petitioner has still some grievance, which has not been redressed, it was contended that the Petitioner be directed to approach the Opposite Parties before approaching this Court by filing the present Writ Petition. He further contended that in the event the Petitioner is covered under the G.A. & P.G. Department Office Memorandum dated 29.05.2020 under Annexure-17, then the Opposite Parties be directed to examine such aspect and in the event it is found that the Petitioner is covered by such Office Memorandum, necessary relief be granted in favour of the petitioner, he will have no objection to the same. 9. Having heard the learned counsels for the respective parties, on careful examination of the background facts as well as the documents annexed to the Writ Petition and further keeping in view the settled legal position, this Court deems it proper to dispose of the Writ Petition at the stage of admission by granting liberty to the Petitioner to approach both the Opposite Parties by filing a representation before them taking therein all the grounds along with all supporting documents and copies of the Page 5 of 6. documents filed under Annexure-15,16,17, and 18 within three weeks. In such eventuality, the Opposite Parties shall consider the case of the Petitioner keeping in view the Office Memorandum of the G.A. & P.G. Department, Government of Odisha dated 29.05.2020 under Annexure-17 as well as the judgment of this Court referred herein above and dispose of the representation of the Petitioner by passing a speaking and reasoned order within two months from the date of communication of certified copy of this order by the Petitioner. 10. It is further made clear that in the event the DPC has followed the sealed cover procedure in respect of the Petitioner and the Petitioner has been exonerated from all the charges in the Disciplinary Proceedings, then the Opposite Parties shall consider the case of the Petitioner by applying the principle laid down by the Government in Office Memorandum of the G.A. & P.G. Department dated 29.05.2020 under Annexure-17 and in such eventuality all consequential benefits, including the notional promotion, be given in favour of the Petitioner within a period of six weeks from the date of taking such decision. The Opposite Parties are directed to communicate the decision to the Petitioner from time to time. 11. With the aforesaid observation/direction, the Writ Petition stands disposed of. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge RKS Page 6 of 6. Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: AR-CUM-Senior Secretary Reason: Authentication Location: High Court of Orissa Date: 15-May-2025 16:25:54