The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.27919 of 2023 Sanjukta Bariha …. Petitioner Mr. J.K. Khandayatray, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. N.K. Praharaj, A.G.A. CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 28.08.2023 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel appearing for the Petitioner as well as learned Additional Government Advocate appearing for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto. 3. The present writ petition has been filed by the Petitioner with the following prayers:- “Under the aforesaid facts and circumstances, the Petitioner, therefore, humbly prays this Hon’ble Court may graciously be pleased to: (i) direct/order the Opp. Party No.1 to consider the case of the Petitioner for promotion to the post of C.D.P.O. under Orissa Children’s and Women’s Welfare Service Rules, 1989 w.e.f. her admitted juniors (Opp. Parties No.6 and 7 // 2 // are promoted to the said post vide Govt. Order, dated 16.08.2023 as at Annexure-5 for the bonafide interest of justice; (ii) pass such other order(s)/issue direction(s) as may be deemed fit and proper in the bonafide interest of justice.” 4. It is submitted by learned counsel for the Petitioner that the Petitioner initially joined as Supervisor under ICDS of Deogarh District as an S.T. candidate on 18.3.1993. Thereafter, the Petitioner continued to discharge her duty as Supervisor to the satisfaction of the authorities. On 26.04.2006, a guideline was issued by the G.A. Department with regard to implementation of PAR in place of CCR. Accordingly, the PARs have been maintained in respect of the employees like the Petitioner. While the matter stood thus, on 27.12.2021, a DPC meeting was convened to consider promotion of Supervisors to the post of C.D.P.Os./P.Os., which are State Level post. Learned counsel for the Petitioner referring to the State Level Gradation List under Annexure-1 to the writ petition submitted that the latest gradation list which was published on 12.05.2023 reveals that the name of the Petitioner appears at Serial No.3 and she belongs to the S.T. Category. He further contended that two persons, namely, Jamini Adha and Laxmi Deo appear at Serial No.5 and 7 respectively in the gradation list. Both are belong to the S.T. candidates have been given promotion to the post of CDPO ignoring just claim of the Petitioner, who is admittedly senior to the above named two persons. 5. Learned counsel for the Petitioner further contended that // 3 // there are several posts of CDPOs lying vacant belonging to the S.T. Category. However, despite a recommendation by the DPC held on 27.12.2021 in favour of the Petitioner, the case of the Petitioner has not been considered by the Opposite Parties whereas juniors to the Petitioner have been given promotion ignoring the case of the Petitioner. 6. This Court on a perusal of the recommendation of the DPC held on 27.12.2021 under Annexure-2 to the writ petition observed that the name of the Petitioner has been recommended by the DPC along with other S.T. candidates. It also appears that the name of the persons stands at Serial No.5 and 7 of the gradation list have also been recommended by the State DPC. Although the case of the Petitioner whose name finds place at Serial No.3 has been recommended by the DPC, her case for promotion to the post of CDPO has not been considered by the Opposite Parties whereas the case of juniors like one Jamini Adha and Laxmi Deo whose name finds place at Serial No.5 and 7 of the gradation list have been considered and they have been given promotion. 7. Learned Additional Government Advocate, on the other hand, submitted that the case of the Petitioner has already been considered by the DPC and her name has been recommended. Therefore, the Petitioner should have no grievance with the conduct of the DPC. He further contended that the case of the Petitioner has not been considered due to want of the PARs in respect of the Petitioners. Learned Additional Government // 4 // Advocate also assures this Court that after the PARs of the Petitioner are received, the case of the Petitioner shall be considered keeping in view such PARs and he shall be given promotion to the post of CDPO as has been done in the case of above named two persons. 8. In reply to the aforesaid contention, learned counsel for the Petitioner submitted that the PARs are already available with the Government. Further, referring to the Annexure-3 series, learned counsel for the Petitioner submitted that PARs of the Petitioner for the last 5 years have already submitted which are required to be considered while giving promotion to the Petitioner from the post of Supervisor to the post of CDPO. In such view of the matter, learned counsel for the Petitioner submitted that there is no other legal impediment in giving promotion to the Petitioner to the post of CDPO on the basis of the recommendation of the DPC meeting held on 27.12.2021. 9. Having heard the learned counsel appearing for the respective parties and on a careful examination of the background facts of the present case as well as the materials on record, this Court is of the considered view that the writ petition can be disposed of keeping in view the materials already available on record. Accordingly, this Court deems it proper to dispose of the writ petition by directing the Opposite Party No.1 to consider the case of the Petitioner for promotion to the post of CDPO in the S.T. Category post within a period of four weeks from the date of communication of a certified copy of this order // 5 // by taking into consideration the vacancy position as well as the recommendation of the DPC and PARs of the Petitioner which were filed along with the writ petition. It is further directed that in the event there is no other impediment, the Opposite Party No.1 shall do well to give promotion to the Petitioner on the basis of the recommendation of the DPC and further the seniority of the Petitioner shall also be retained as per the earlier gradation list and he shall be placed above all her juniors. The decision so taken be communicated to the Petitioner within two weeks thereafter. 10. With the aforesaid observation and direction, this writ petition is disposed of. Debasis ( A.K. Mohapatra) Judge Signature Not Verified Digitally Signed Signed by: DEBASIS AECH Designation: Secretary Reason: Authentication Location: OHC CUTTACK Date: 02-Sep-2023 10:53:55