The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.30413 of 2022 Geetanjali Patra …. Petitioner Mr. S. Mohanty, Advocate -versus- State of Odisha & another ….
Legal Reasoning
Opposite Parties Mr. N.K. Praharaj, A.G.A. CORAM: JUSTICE A.K. MOHAPATRA Order No.
Decision
ORDER 24.07.2023 07. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard Mr. S. Mohanty, learned counsel appearing for the petitioner as well as Mr. N.K. Praharaj, learned Addl. Government Advocate for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto. 3. The present writ application has been filed by the Petitioner with the following prayer:- “Under such circumstances, it is humbly prayed that this Hon’ble Court may kindly be pleased to admit the case and issue notice to the Opposite Parties to file their show cause as to why the case of the Petitioner shall not be allowed and after hearing the parties, the case of the Petitioner be allowed. And direction be given to the Opp. Parties No.1 & 2 to give promotion to the Petitioner to the post of Asst. Soil Conservation Officer by convening Departmental Promotion Committee as per provisions of the “Odisha Soil Conservation Service (Methods of Recruitment and Conditions of Service) Rules 2019” and the Petitioner // 2 // be given all other financial and consequential benefit within a stipulated period. And/ or pass any other orders which deem fit and proper for adjudication of the case.” 4. It is submitted by Mr. Mohanty, learned counsel for the Petitioner that being aggrieved the inaction of the authorities in convening a DPC and given promotion to the Petitioner to the post of Assistant Soil Conservation Officer the Petitioner has approached this Court by filing the present writ application. Mr. Mohanty, learned counsel further contended that although the Petitioner is eligible in view of the provisions contained in Odisha Soil Conservation Service (Methods of Recruitment and Conditions of Service), Rules 2019 to be given promotion to the next higher rank i.e. ASCO. However, the authorities have not considered the case of the Petitioner and no DPC has been convened as of now to consider the case of the Petitioner and similarly placed other persons for their promotion to the next higher rank. 5. Mr. Mohanty, learned counsel further contended that the Opposite Parties on being requested inform the Petitioner that because of the interim order passed by a Coordinate Bench on 29.09.2021 in W.P.(C) No.28761 of 2021 in the case of Bibhutibhusan Satpathy vs. State of Odisha & others a DPC has not been convened for considering promotion to the post of ASCO. A copy of order dated 29.09.2021 has been annexed to the writ application as Annexure-4. A perusal of the order dated 29.09.2021 reveals that the Coordinate Bench while admitting the writ application of one Bibhutibusan Satpathy was pleased to pass an interim order directing that the status quo with regard to the position of the Petitioner (Bibhutibhusan Satpathy) vis-à-vis Opposite Party Nos.3 to 7 pursuant to the gradation list under Annexure-5 shall be maintained till 26.10.2021. On perusal of the record of W.P.(C) No.28761 of 2021 this Court observed that the // 3 // Opposite Party Nos.3 to 7 are one Machitti Mohan Rao (O.P. No.3), Bimbadhara Rout (O.P. No.4), Prakash Samal (O.P. No.5), Gopinath Behera (O.P. No.6) & Ramdas Marandi (O.P. No.7). In view of the aforesaid factual position, learned counsel for the Petitioner submitted that there exist no dispute, so far the claim of the present petitioner for promotion to the ASCO is concerned vis-à-vis the above named persons. He also contended that in the gradation list the Petitioner’s name finds place at Serial No.1 after retirement of some of the Officers on attaining the age of superannuation. In such view of the matter, learned counsel for the Petitioner contended that the case of the Petitioner deserves to be considered by the Opposite Parties for promotion to the next higher rank in view of the relevant rules. 6. Learned Addl. Government Advocate, on the other hand contended that since the dispute pertaining to the very same post is sub-judiced before this Court arising out of the very same gradation list. Therefore, the authorities have not convened the DPC so far abetting a final decision in W.P.(C) No.28761 of 2021. 7. Learned counsel appearing for the private-Opposite Party Nos.3 to 7 in W.P.(C) No.28761 of 2021 categorically stated before this Court that they have no grievance against the present petitioner in W.P.(C) No.30413 of 2022. 8. Mr. Sharma, learned counsel for the Petitioner in W.P.(C) No.28761 of 2021 also contended that his grievance is against the private-Opposite Party Nos.3 to 7 in the said writ application. Therefore, it is submitted by learned counsel for the Petitioner has no grievance against the Gitanjali Patra- Petitioner in W.P.(C) No.30413 of 2022. 9. In view of the aforesaid factual scenario and further taking into consideration the interim order passed by the coordinate bench on // 4 // 29.09.2021, this Court is of the view that neither the pendency of this writ application bearing W.P.(C) No.28761 of 2021 nor the interim order dated 29.09.2021 shall stand in the way of the Opposite Parties to convene the DPC to consider the case of promotion of the Petitioner to the next higher rank of ASCO. In such view of the matter, the present writ application is being disposed of at the stage of admission by directing the Petitioner to approach the Opposite Party Nos.1 & 2 along with the certified copy of this order within two weeks from today. In the event, the Petitioner approaches the Opposite Party Nos.1 & 2, the Opposite Party Nos.1 & 2 shall do well to consider the case of the Petitioner if there is no other legal impediment, then the DPC shall be convened as expeditiously as possible within a period of four weeks from the date of taking such a decision to consider the case of the petitioner for promotion to the post of ASCO. 10. With the aforesaid observations/ directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. Anil ( A.K. Mohapatra ) Judge Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 25-Jul-2023 11:28:31