The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.14628 of 2024 Laxmi Priya Raula ..... Petitioner Represented By Adv. - Gopal Krushna Nanda -versus- The Principal Secy To Govt. Health & Family Welfare Dept.govt Of Odisha, Bbsr and another ..... Opposite Parties
Legal Reasoning
Mr. M.R. Patra, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 18.03.2025 Order No. 03. 1. 2. W.P.(C) No.14628 of 2024 & I.A. No.1917 of 2025 This matter is taken up through Hybrid mode. Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “In the aforesaid facts and circumstance, it is humbly therefore prayed that the Hon’ble Court Page 1 of 5. may graciously be pleased to admit the writ application and issue RULE NISI calling upon the opposite parties to show cause as to why the petitioner should not be given promotion from the post of Nursing officer to the post of Asst. Nursing Superintendent and thereafter from the post of Asst. Nursing Superintendent to the post of Deputy Nursing Superintendent from the date of her juniors were given promotion from the post of Nursing officer to the post of Asst. Nursing Superintendent and thereafter from the post of Asst. Nursing Superintendent to the post of Deputy Nursing Superintendent and should not be granted all the consequential benefits including benefits of pay fixation and seniority. And if the Opposite Parties fail to show cause or show insufficient cause, the said rule may pl. be made absolute and upon hearing the parties through their counsel, this Hon’ble Court be further pleased to issue appropriate writs in the nature of MANDAMUS or any other suitable writ/writs directing the opposite parties to give promotion to the petitioner from the post of Nursing officer to the post of Asst. Nursing Superintendent and thereafter from the post of Asst. Nursing Superintendent to the post of Deputy Nursing Superintendent from the date of her juniors were given promotion from the post of Nursing officer to the post of Asst. Nursing Superintendent and thereafter from the post of Asst. Nursing Superintendent to the post of Deputy Nursing Superintendent and grant all the consequential benefits including benefits of pay fixation and seniority.” Page 2 of 5. 4. Learned counsel for the Petitioner at the outset contended that the Petitioner was initially appointed as Nursing Officer on 11.01.1991. While continuing as such, the provisional gradation list was published on 01.11.2022 under Annexure-1 to the writ petition. Since the name of the present Petitioner was not included in the said provisional gradation list, the Petitioner filed an objection before the authorities to include the name of the present Petitioner. However, without considering the name of the present Petitioner the final gradation list was prepared and published on 01.10.2023 under Annexure-3 to the writ petition. In the meantime, on the basis of the aforesaid final gradation list, two DPCs have been convened and promotion has been given to the post of Asst. Nursing Superintendent and Deputy Nursing Superintendent. Learned counsel for the Petitioner at this juncture contended that some of the persons, who are admittedly junior to the Petitioners, have been considered by the DPCs and they have been given promotion ignoring the just and fair claim of the Petitioner for promotion to the next higher rank. 5. Learned counsel for the Petitioner, further referring to the gradation list dated 20.01.2025, which has been marked as Annexure- 7 to the interlocutory application, contended that a fresh provisional gradation list has been published, however, the name of the Petitioner has not been included in the said gradation list. Learned counsel for the Petitioner further contended that although the Petitioner has filed his objection on 28.01.2025 under Annexure-7 to the I.A. No.1917 of 2025, learned counsel for the Petitioner expresses his apprehension over the fact that like the previous years the authorities are going to Page 3 of 5. again finalize the gradation list without considering the objection of the Petitioner and by ignoring the just and fair claim of the Petitioner to include in the final gradation list and be placed at the wright place basing upon their seniority. Being aggrieved by such inaction by the Opposite Parties, the Petitioner has approached this Court by filing the present writ petition. 6. Learned counsel for the State on the other hand contended that according to the Petitioner, the Petitioner has submitted an objection to the provisional gradation list which was published on 20.01.2025 under Annexure-7 to the writ petition. He further submitted that the provisional gradation list under Annexure-7 is a provisional one, therefore, it is open to the Petitioner to file an objection which will be duly considered by the Opposite Party No.2 strictly in accordance with the rules. He further contended that in the event this Court directs the Opposite Party No.2 to consider the objection of the Petitioner in accordance with the rules within a stipulated period of time, he will have no objection to the same. 7. Considering the submissions made by the learned counsels appearing for the respective parties, on a careful analysis of their submission and on a close scrutiny of the document annexed to the writ petition, further taking into consideration the grievance of the Petitioner that despite having seniority, his name has not been included in the final gradation list and taking into consideration the further grievance in the I.A. that although an objection has been filed on 28.01.2025 before the Opposite Party No.2, the same has not been considered as of now, this Court deems it proper to dispose of the Page 4 of 5. writ petition by directing the Opposite Party No.2 to consider the objection of the Petitioner vide his letter dated 28.01.2025 under Annexure-7 to the I.A. No.1917 of 2025 as well as the representation of the Petitioner dated 12.04.2024 under Annexure-6 to the writ petition within a period of four weeks from the date of communication of a certified copy of today’s order. The Opposite Party No.2 shall do well to consider and dispose of the objection of the Petitioner in accordance with rules by passing a speaking and reasoned order. Further, it is directed that till disposal of the objection filed by the Petitioner, the provisional gradation list dated 20.01.2025 under Annexure-7 shall not be finalized. 8. With the aforesaid observations/directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. S.K. Rout ( Aditya Kumar Mohapatra ) Judge Page 5 of 5. Signature Not Verified Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Mar-2025 10:07:05