The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.19466 of 2023 Ashok Dandasena …. Petitioner State of Odisha and others …. Opposite Parties Mr. A.K. Sahoo, Advocate -versus-
Legal Reasoning
Mr. I. Mohanty, A.S.C. CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 27.06.2023 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. Perused the writ petition as well as documents annexed thereto. 3. The present writ petition has been filed by the petitioner with the following prayers: “It is, therefore, prayed that, this Hon’ble court may graciously be pleased to allow the writ petition, quashed the order issued vide Memo No-45521/Sports dated 11.11.2022 under Annexure-7 and a writ in the nature of mandamus may be issued directing the opposite parties to give out of turn promotion to the petitioner to the post of Havildar or any other higher post within a short stipulated period. And/or pass any other order/orders, writ/writs direction/directions, as this Hon’ble Court, deems fit and proper in the eye of law.” 4. At the outset, it is submitted by learned counsel for the petitioner that being aggrieved by the arbitrary and discriminatory // 2 // conduct of the Opposite Parties in giving out of turn promotion, the petitioner has approached this Court by filing the present writ application. He further submitted that similarly situated persons have been given promotion on out of turn basis under Sports quota. 5. On perusal of the letters under Annexure-6 series, it appears that in fact, some promotions have been given on out of turn basis on the ground that the Police Personnel, who have participated in All India Police Competition and have secured rank, have been given promotion on out of turn basis. 6. Further, learned counsel for the petitioner referred to a letter dated 22.09.1992 issued by the Special I.G. of Police (Admn.), Orissa, Cuttack to all Heads of Police Establishments for promotion of Police Sportsmen at National and All India Sports and Games Events. Referring to the aforesaid policy decision of the Police Department under Annexure-3, learned counsel for the petitioner submits that the case of the petitioner be considered for promotion on out of turn basis as has secured rank in the Police National Sports where he had participated. 7. He further contended that the petitioner had earlier approached this Court by filing a writ petition bearing W.P.(C) No.20359 of 2022, which was disposed of by this Court vide order dated 16.08.2022 by directing the DGP of Police, Odisha to consider the case of the petitioner in accordance with law within a period of three months. After disposal of the earlier writ application, in fact, the petitioner approached the DGP of Police, Odisha by filing a representation, which was disposed vide order dated 11.11.2022. 8. On perusal of the order dated 11.11.2022 under Annexure-7, it appears that the DGP of Police, Odisha rejected the representation of // 3 // the petitioner on the ground that there is no such provision for giving out of turn promotion. On further scrutiny, it appears that while considering the case of the petitioner, the DGP of Police, Odisha has not taken into consideration the fact that the petitioner is entitled to similar benefits given to many similarly situated employees, who had participated in National events and secured ranks and who have been given promotion on out of turn basis. 9. Learned counsel for the State, on the other hand, submits that there is no provision in the Police Manual under which the petitioner will be given promotion on out of turn basis. He further submitted that if promotion is given on out of turn basis, the same will demoralized the other police personnel and affect their efficiency. Therefore, he further submits that DGP of Police, Odisha has rightly rejected the representation of the petitioner. He further submitted that he has no objection, if a direction is given to the DGP of Police, Odisha-Opposite Party No.2 to consider the case of the petitioner for promotion on out of turn basis within a stipulated period of time in the event similarly situated persons have been given such benefits as alleged by the petitioner 10. Having heard learned counsels for the parties, on careful consideration of the submissions made and on perusal of the pleadings as well as documents annexed to the writ application, this Court is of the considered view that while disposing of the representation vide order dated 11.11.2022 under Annexure-7, the DGP of Police, Odisha, Cuttack has not taken into consideration the letter dated 22.09.1992 under Annexure-3 and the fact that similarly situated persons have been given promotion on out of turn basis under Annexure-6 series. In the event such allegations are found to // 4 // be correct, then the same shall attract Article-14 to the facts of the present case. 11. In such view of the matter, this Court deems it proper to set aside the order dated 11.11.2022 under Annexure-7 and the matter is remanded back to the DGP of Police, Odisha, Cuttack to consider the matter afresh keeping in view the letter dated 22.09.1992 under Annexure-3 as well as the promotion given to similarly situated persons on out of turn basis under Annexure-6 series. Let the petitioner approach the DGP of Police, Odisha-Opposite Party No.2 within a period of three weeks along with certified copy of this order along with the relevant documents. In the event the petitioner approaches Opposite Party No.2 within the aforesaid period, the Opposite Party No.2 shall do well to consider the case of the petitioner keeping in view the observations made hereinabove and dispose of the same in accordance with law within a period of two months from the date of receipt of the representation. Further, the Opposite Party No.2 shall dispose of the case of the petitioner by passing a speaking and reasoned order within the aforesaid time stipulated. Decision so taken shall be communicated to the Petitioner within a period of two weeks thereafter. 12. With the aforesaid observation/direction, the writ petition is disposed of. Urgent certified copy of this order be granted on proper application. Signature Not Verified Digitally Signed Signed by: JAGABANDHU BEHERA Designation: Secretary-in-Charge Reason: Authentication Location: OHC, CUTTACK Date: 29-Jun-2023 13:05:47 Jagabandhu ( A.K. Mohapatra) Judge