The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.20112 of 2025 Bandana Mohanty …. Petitioner Ms. B.K. Pattanaik, Advocate State of Odisha and Others -versus- …. Opposite Parties Mr. M.R. Mohanty, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
Decision
ORDER 29.07.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel for the parties. 3. The present Writ Petition has been filed inter alia challenging order dated 22.10.2024 so passed by the Govt.-O.P. No.1 under Annexure-8. Vide the said order, prayer of the petitioner challenging the Gradation List dated 01.01.2019 so published vide Memo dated 10.01.2019 under Annexure-4 by O.P. No.2 in the rank of Forester was rejected. 4. It is contended while continuing as a Forester in the department, tentative gradation-cum-seniority list of Foresters as on 01.01.2019 was published by O.P. // 2 // No.2 vide Memo dated 10.01.2019 under Annexure-4. Challenging placement of the petitioner, petitioner though raised objection and with a prayer to treat her date of joining in the cadre of Forester as 18.10.2020, but the same was never considered on the face of the representations made under Annexure-5 series on 07.06.2019 and 30.12.2022. 4.1. It is further contended that without considering her grievance, DPC when recommend such Foresters for their promotion to the rank of Deputy Ranger, petitioner challenging her placement in the gradation list published under Annexure-4, approached this court by filing W.P.(C) No.776 of 2023. This Court vide order dated 16.01.2023, though requested O.P. No.1 to consider the grievances of the petitioner but the same was rejected vide the impugned order dated 22.10.2024 under Annexure-8. 4.2. It is contended that since in the Tentative Gradation List published on 10.01.2019 under Annexure-4 fixing the seniority of Foresters as on 01.01.2019, petitioner was not properly placed and her objection was not considered, pursuant to the order passed by this Court in W.P.(C) No.776 of 2023, petitioner’s claim could not have been rejected on the ground indicated in the said order. It is accordingly Page 2 of 6 // 3 // contended that the impugned order is not sustainable in the eye of law. 5. Mr. M.R. Mohanty, learned Addl. Govt. Advocate on the other hand contended that vide Memo dated 10.01.2019 under Annexure-4, tentative gradation- cum-seniority list of Foresters was published and as provided in the said memo dated 10.01.2019, objections were required to be filed within a period of 30 days from the date of publication. No document has been enclosed by the petitioner showing filing of any such objection against her placement within the stipulated time period. 5.1. Petitioner only raised an objection with regard to the relaxation of the provisions contained under Rule- 22 of the Odisha Sub-ordinate Forest Service (Method of Recruitment and Conditions of Service of Foresters) Rules, 1998. It is contended that instead of filing any objection within the prescribed time period, basing on the representations filed under Annexure-5 series, petitioner approached this Court for consideration of her claim by filing W.P.(C) No.776 of 2023. 5.2. It is contended that since no such objection was ever made by the petitioner to her placement in the Provisional Gradation List published on 10.01.2009 in respect of Foresters as on 01.01.2009, petitioner could Page 3 of 6 // 4 // not have raised the claim by filing W.P.(C) No.776 of 2023. 5.3. However, basing on the order passed by this Court on 16.01.2023 in W.P.(C) No.776 of 2023, O.P. No.1 when considered the grievances of the petitioner, it was found that Provisional Gradation List of Foresters as on 01.01.2009 so published on 10.01.2019 under Annexure-4 was finalized and published on 20.02.2019. It is also contended that Provisional gradation list of Foresters as on 01.01.2019 so finalised on 20.02.2019, was the subject matter of challenge before this Court in W.P.C(OA) No.887 of 2019. While disposing the said Writ Petition vide order dated 22.12.2022, this Court confirmed the gradation list of Foresters finally published on 20.02.2019. 5.4. It is contended that challenging order dated 22.12.2022 so passed in W.P.C(OA) No.887 of 2019, though the petitioner therein moved this Court by filing W.A. No.11 of 2023 but the said Writ Appeal was dismissed as withdrawn vide order dated 02.02.2023. 5.5. It is accordingly contended that since Provisional Gradation List published under Annexure-4 after being finalized with publication of the final gradation list on 20.02.2019 has been confirmed by this Court in its order dated 22.12.2022 in W.P.C(O.A) No.887 of 2019 and further confirmed by this Court in W.A. No.11 of Page 4 of 6 // 5 // 2023, challenge made to the Provisional Gradation List published on 10.01.2019 under Annexure-4 is not at all entertainable. It is accordingly contended that the impugned order has been rightly passed by O.P. No.1 which requires no interference. 6. Having heard learned counsel for the parties and considering the submissions made, this Court finds that the present Writ Petition has been filed inter alia challenging order dated 21.10.2024 so passed by O.P. No.1 under Annexure-8. As found, petitioner’s grievance is with regard to her placement in the Provisional Gradation List of Foresters published on 10.01.2019 in respect of the position of Foresters as on 01.01.2019. As found from the record, petitioner never filed any objection to her placement in the Provisional Gradation List within the stipulated time period. However, in terms of the order passed by this Court on 16.01.2023 in W.P.(C) No.776 of 2023, petitioner’s grievance was considered by the O.P. No.1. 6.1. Since Provisional Gradation List published on 10.01.2019 after being finalized with its publication on 20.02.2019, has been confirmed by this Court in its order dated 22.12.2022 in W.P.C(O.A) No.887 of 2019 and further confirmed in W.A. No.11 of 2023, this Court is of the view that O.P. No.1 has not committed any wrong in rejecting petitioner’s prayer with regard to Page 5 of 6 // 6 // her placement in the provisional gradation list published on 10.01.2019 under Annexure-4. Therefore, this Court is not inclined to entertain the Writ Petition with the prayer as made in challenging order dated 22.10.2024 under Annexure-8. 7. The Writ Petition accordingly stands dismissed. (Biraja Prasanna Satapathy) Judge Basudev Signature Not Verified Digitally Signed Signed by: BASUDEV SWAIN Reason: Authentication Location: High Court of Orissa, Cuttack Date: 04-Aug-2025 18:56:13 Page 6 of 6