The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.27508 of 2023 Judhistir Panda …. Petitioner State of Odisha & Another Ms. S. Mohapatra, Advocate -versus- …. Opposite Parties Mr. M.R. Mohanty, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 14.08.2025 1. This matter is taken up through Hybrid Order No. 08. Arrangement (Virtual/Physical) Mode. 2. Heard. 3. The present writ petition has been filed, inter alia, challenging the order dated 31.07.2023 so passed by the Government (opposite party no.1) under Annexure- 7. Vide the said order claim of petitioner to get the benefit of promotion in terms of the order passed by the Tribunal in O.A No.2036(C) of 2014 under Annexure-1 has been rejected. 4.
Legal Reasoning
Learned counsel for the petitioner contended that petitioner when was not extended with the benefit of promotion to the rank of Deputy Ranger while continuing as a Forester and his juniors were given such benefit vide order dated 15.05.2014 under Annexure-2, petitioner approached the Tribunal by filing O.A. No.2036(C) of 2014. The Tribunal vide order dated 08.08.2014 under Annexure-1 while disposing of the O.A. issued the following direction: <Accordingly, we direct the respondents to consider the promotion of the applicant, taking into consideration his passing of Forester training and in the event he is otherwise found suitable and there is no other legal impediment he may be given promotion with effect from the date his junior got promotion with consequential service and financial benefit.= 4.1. It is contended that in terms of the said order and while complying it, petitioner was given the benefit of promotion to the rank of Deputy Ranger vide Office order dated 10.06.2015 under Annexure-3. However, it is contended that taking into account the nature of order passed by the Tribunal, petitioner is eligible and entitled to get the benefit from the date his juniors and similarly situated Foresters got the benefit vide Officer order dated 15.05.2014under Annexure - 2. 4.2 It is contended that taking into account the nature of order passed by the Tribunal, petitioner should have been given the benefit of promotion to the rank of Deputy Ranger from the date persons similarly situated got the benefit vide order dated 15.05.2014 under Annexure-2. But petitioner since was given the benefit vide Office order dated 10.06.2015 and no retrospective benefit was extended in terms of the order of the Tribunal, petitioner’s case was not considered for his promotion to the post of Ranger in the DPC held on 29.08.2016. Petitioner accordingly moved opposite Page 2 of 6 party no.1 for consideration of his claim to get the benefit of promotion to the rank of Ranger by taking his date of promotion to the rank of Deputy Ranger w.e.f 15.04.2014 in place of 10.06.2015, in terms of the order passed by the Tribunal under Annexure-1. 4.3 As the same was not considered, petitioner again approached this Court by filing W.P.(C) No.2329 of 2017. This Court when directed for consideration of the petitioner claim, the impugned order dated 31.07.2023 has been passed under Annexure-7, rejecting the petitioner’s claim on the ground that petitioner since has been promoted to the rank of Deputy Ranger vide order dated 10.06.2015, he has not completed the required probation period of 1‰ year by the time the DPC was held on 29.08.2016. It is contended that since the claim of the petitioner flows from the order passed by the Tribunal under Annexure-1, rejection of the petitioner’s claim to get the benefit of promotion to the rank of Ranger, on the ground indicated in the impugned order is not sustainable in the eye of law and it requires interference of this Court. 4.4. It is contended that in view of the order passed by the Tribunal under Annexure-1, which was never assailed, petitioner vide order dated 10.06.2015 under Annexure-3, should have been given the benefit of promotion to the rank of Deputy Ranger w.e.f. 15.05.2014 and accordingly he would have been found eligible to get the benefit of promotion to the rank of Page 3 of 6 Ranger in the DPC held on 29.08.2016. But by taking his date of promotion to the rank of Deputy Ranger as 10.06.2015 in place of 15.05.2014, petitioner was held ineligible to get the benefit of promotion to the rank of Ranger in the DPC dated 29.08.2016, so affirmed vide the impugned order dated 31.07.2023 under Annexure- 7. 4.5 It is contended that in view of the order passed by the Tribunal under Annexure-1, while complying the same vide order dated 10.06.2015 under Annexure-3, petitioner’s date of promotion to the rank of Deputy Ranger should have been taken as 15.05.2014 in place of 10.06.2015. But because of the wrong committed by opposite party no.2, in taking his date of promotion to the rank of Deputy Ranger as 10.06.2015, petitioner’s claim was not considered in the DPC dated 29.08.2016.
Decision
It is accordingly contended that the impugned order is not sustainable in the eye of law. 5. Even though notice in the writ petition has been issued since 03.10.2023, but no counter affidavit has been filed as yet. However, it is contended that since in terms of the order passed by the Tribunal, petitioner got the benefit of promotion to the rank of Deputy Ranger, vide order dated 10.06.2015 under Annexure-3 and in terms of the earlier order passed, petitioner’s claim was duly considered and implemented vide order under Annexure-3, which was never assailed, petitioner is not eligible and entitled to get any further benefit Page 4 of 6 and his claim for promotion to the rank of Ranger has been rightly rejected vide the impugned order dated 31.07.2023. It is contended that by the time the DPC was held on 29.08.2016, taking into account the promotion of the petitioner as Deputy Ranger on 10.06.2015, petitioner had not completed the required probation period. It is accordingly contended that the impugned order has been rightly passed. 6. Having heard and considering the submission made by learned counsel for the parties, this Court finds that petitioner when was not extended with the benefit of promotion to the post of Deputy Ranger he approached the Tribunal by filing O.A. No.2036(C) of 2014. The Tribunal vide order dated 08.08.2014 under Annexure-1, directed the authorities to consider the petitioner claim and on such consideration if the petitioner was found eligible to get the benefit of promotion, then the same be effected from the date his junior got the benefit with all consequential service and financial benefit. As found from the record, juniors to the petitioner had got the benefit of promotion to the rank of Deputy Ranger vide order dated 15.05.2014 under Annexure-2, and petitioner got the said benefit vide order dated 10.06.2015 under Annexure-3. 6.1 In that view of the matter, this Court is of the view that the order of the Tribunal has not been properly implemented, while extending the benefit of promotion to the post of Deputy Ranger in favour of the petitioner Page 5 of 6 vide order dated 10.06.2015. In terms of the order so passed by the Tribunal petitioner should have been given the benefit w.e.f. 15.05.2014. Therefore, this Court is inclined to quash order dated 31.07.2023 so passed by opposite party no.1 under Annexure-7. While quashing the said order, this Court directs opposite party no.2 to extend the benefit of promotion to the rank of Deputy Ranger in terms of the directions contained in order dated 08.08.2014 of the Tribunal under Annexure-1 within a period of two (two) months from the date of receipt of the order. This Court further directs opposite party no1 to take a fresh decision on the petitioner’s claim to get the benefit of promotion to the rank of Ranger, by conducting a review DPC of DPC dated 29.08.2016 within a period of three (3) months from the date of receipt of the order from opposite party no.2 as directed and communicate the result of such exercise to the petitioner. 7. The writ petition accordingly stands disposed of. (Biraja Prasanna Satapathy) Judge Signature Not Verified Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 18-Aug-2025 09:39:36 amit Page 6 of 6