The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C)(OAC) Nos.4102, 4103, 4104, 4105, 4106 & 4107 of 2013 Jagadish Kumar Hial & Ors. …. Petitioners Mr. D.K. Pattnaik, Advocate -versus- State of Odisha & Ors. …. Opposite Parties Mr. R.N. Mishra, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
Decision
ORDER 05.09.2023 Order No 08. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard Mr. D.K. Pattnaik, learned counsel for the Petitioners and Mr. R.N. Mishra, learned Addl. Govt. Advocate appearing for the Opp. Parties. 3. All these writ petitions since have been filed with similar prayer, all the writ petitions were heard analogously and disposed of by the present common order. 4. Petitioners in all these writ petitions have challenged the recommendation dtd.31.07.2013 so available at Annexure-3 and with a further prayer to give them promotion to the rank of Head Sevak from the date their juniors were given such promotion basing on the recommendation issued under Annexure-3 with all financial and service benefits. // 2 // 4.1. It is contended that in the gradation list published under Annexure-2 all the Petitioners were placed above the persons, whose names were recommended vide the impugned list available at Annexure-3. It is also contended that the Tribunal while issuing notice of the matter vide order dtd.09.01.2014 passed an interim order by directing that any promotion given to the rank of Head Sevak shall abide by the final outcome of the matter and the said condition shall be incorporated in each of the promotion orders to be issued by the Opp. Parties. It is also observed that in case the Petitioners succeed ultimately, the junior most persons so promoted shall be reverted to make way for the Petitioners. 4.2. Learned counsel for the Petitioners contended that basing on the recommendation which is impugned in the present writ petition under Annexure-3, orders of promotion were issued vide order dtd.07.07.2014 under Anenxure-6 to the writ petition. It is accordingly contended that in view of the interim order passed by the Tribunal, there is no necessity to implead any of the Private Opp. Parties as Party to the present writ petition. It is contended that since admittedly the Petitioners were senior to the person who have been given the benefit of promotion to the rank of Head Sevak vide order dtd.07.07.2014, Petitioners are also eligible and entitled to get similar benefit of promotion with all service and financial benefits as due and admissible. 5. Mr. R.N. Mishra, learned Addl. Govt. Advocate when made his submission basing on the stand taken by the Opp. Party No. 3 in his counter, this Court since was not satisfied with the plea taken in the Page 2 of 5 // 3 // counter affidavit, passed orders on 04.07.2023 and 31.07.2023 to the following effect:- “04.07.2023 2. Heard Mr. D.K. Pattnaik, learned counsel for the Petitioner and Mr. S.K. Samal, learned Addl. Govt. Advocate appearing for the Opp. Parties. 3. Considering the grievance raised in the writ petition and for effectual adjudication of the matter, this Court directs learned AGA to indicate the date of holding of the DPC, basing on the which Office Order dtd.07.07.2014 was Collector, Koraput vide Annexure-1 to the I.A.. Such an instruction shall be provided along with the proceeding of the DPC before this Court on the next date. issued by 4. As requested, list this matter in the week commencing 31st July, 2023.” 31.07.2023 “2. Pursuant to the order passed by this Court on 04.07.2023, learned Addl. Government Advocate produced before this Court eh proceeding of the DPC basing on which the order under Annexure-1 was issued. The said instruction provided in Court be kept in record. 3. As requested by Mr. Pattnaik, learned counsel for the Petitioner, list this matter on 1st of September, 2023 along with the connected matters listed for today. 4. Rejoinder affidavit, if any, be filed in the meantime.” 5.1. Pursuant to the order passed by this Court on the above noted two dates, a further affidavit was filed by the Collector. In the said affidavit when a different stand was taken as had been taken by the Opp. Party No. 3 in the counter, this Court directed the learned Addl. Govt. Advocate to obtain further instruction in the matter. Today when the matter was taken up, Mr. Mishra, learned AGA contended that though vide Annexure-3, names of different persons Page 3 of 5 // 4 // were recommended for the post of Head Sevak, but the order of promotion was issued vide Annexure-6 basing on the final gradation list published on 12.06.2014 and the DPC recommendation made on dtd.05.07.2014. 5.2. It is also contended that the Petitioners are all continuing as against Matric CT post save and except the Petitioner in W.P.C.(OAC) No. 4105 of 2013, who in the meantime has already got the benefit of promotion to the rank of Trained Graduate Teacher. Mr. Mishra, learned AGA further contended that the Petitioner in W.P.C.(OAC) No. 4106 of 2013 has forgone the promotion to the rank of Head Sevak when he was given such benefit. It is also contended that there is no difference with regard to the financial benefit given to a Trained Matric Teacher and a Head Sevak and only the designation is changed. 5.3. However, Mr. Mishra, learned AGA fairly contended that the Petitioners are all senior in the rank of Trained Matric and they were eligible and entitled to get the benefit of promotion to the rank of Head Sevak prior to extension of such benefit in favour of the persons so extended vide order dtd.07.07.2014 under Annexure-6. It is also contended that since the Petitioners are all senior to the persons who have been given the benefit of promotion, even if they belong to the reserve category, but they are eligible to get the benefit of promotion from the date their juniors were given such promotion vide order dtd.07.07.2014. 6. To the aforesaid submission of Mr. Mishra, Mr. Pattnaik, learned counsel for the Petitioners contended that since admittedly a wrong was committed by the Opp. Party No. 3 in issuing the recommendation under Annexure-3 by ignoring the claim of the Page 4 of 5 // 5 // Petitioners who were admittedly juniors, they are eligible and entitled to get the benefit of promotion from the date the order under Anenxure-6 was issued with all service & financial benefits. 7. Having heard learned counsel appearing for the Parties and taking into account the submissions made, this Court while disposing the writ petitions, directs Opp. Party No. 3 to extend the benefit of promotion to the rank of Head Sevak in favour of the Petitioners from the date persons similarly situated were given the said benefit vide order dtd.07.07.2014 with all service and financial benefits as due and admissible save and except in favour of the Petitioner in W.P.C.(OAC) No. 4105 of 2013 as in the meantime she has already got the benefit of promotion as a Trained Graduate Teacher. 8. With the aforesaid observations and directions, the writ petitions are disposed of accordingly. 9. Photocopy of the order be placed in the connected case records. (Biraja Prasanna Satapathy) Judge Sneha Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 11-Sep-2023 11:20:48 Page 5 of 5