The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.31094 of 2024 Gouri Sankar Maharana ..... Petitioner Represented By Adv. - Krishna Chandra Sahu -versus- Chairman Cum Managing Director, Food Corporation of India, New Delhi & Ors. ..... Opposite Parties Represented By Adv. - Debasis Nayak, Adv. for Food Corporation of India
Legal Reasoning
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
Decision
ORDER 11.03.2025 Order No. 03. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned counsel for the F.C.I. Perused the writ application as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with a prayer for a direction to the Opposite Parties to consider the case of the Petitioner for promotion to the rank of Asst. Grade-III from the date on which his batchmates as well as juniors got such promotion Page 1 of 5. as per the order under Annexure-4 to the writ application. The Petitioner has also prayed for grant of all consequential service and financial benefits as is due and admissible to the Petitioner in a time bound manner. 4. Learned counsel for the Petitioner at the outset contended that the Petitioner is an ex-service man. He further contended that the Opposite Party No.3 vide letter dated 12.01.2017 floated an advertisement for recruitment of 49 nos. of post of Watch & Ward (Watchman) under Category-IV. Accordingly, the Petitioner along with other candidates submitted their candidature and after following a due process of selection, the Petitioner was selected and issued with an appointment order on 28.02.2019. Accordingly, the Petitioner joined his duty on 05.03.2019. While working as such, a meeting of the Zonal Promotion Committee was convened to consider the case of the persons like the Petitioner for promotion to the next higher rank. However, while considering the case of others similarly placed persons, the case of the Petitioner was not considered on the ground that he is having an adverse remark in his APR. Accordingly, the Petitioner was not given promotion to the post under Category-III. 5. Being aggrieved such conduct of the Opposite Party- Corporation, the Petitioner approached this Court earlier by filing W.P.(C) No.9597 of 2024. This Court disposed of the writ application vide order dated 23.04.2024 with a direction to the Opposite Party No.3 (in the present application) to consider the representation of the Petitioner. Pursuant to the aforesaid direction, the Petitioner again approached the Opposite Party No.3 by filing a detailed representation taking therein all the grounds. After considering the representation of the Petitioner, the Opposite Party Page 2 of 5. No.3 disposed of his representation vide a speaking order dated 14.06.2024 under Annexure-6 to the writ application. Further, referring to the order under Annexure-6, learned counsel for the Petitioner contended that the Reviewing Authority, after reviewing the case of the Petitioner, has given the following remark; “Fit for promotion to the next level”, which has been accepted by the Accepting Authority. Such remark of the Reviewing Authority as well as the Accepting Authority has also been accepted by the Opposite Party No.3 in his order under Annexure-6 to the writ application. In such view of the matter, learned counsel for the Petitioner submitted that there is no bar in law in considering the case of the Petitioner for promotion to a Category-III post. 6. Learned counsel for the Petitioner further submitted that although the Petitioner has been placed at Sl. No.31 of the common gradation list, however, without considering his case, another Zonal Promotion Committee meeting was convened and in the said meeting promotion has been given to some of the persons under Annexure-8 to the writ application, who are admittedly juniors to the Petitioner and whose names appear at Sl. Nos.36 to 44 of the common gradation list, that is below the Petitioner. Being aggrieved by such conduct of the Opposite Parties in not considering the case of the Petitioner for promotion to a Category-III post despite giving such promotion to the persons who are admittedly juniors to the Petitioner, the Petitioner has approached this Court by filing the present writ application thereby challenging the conduct of the Opposite Parties on the ground of discrimination and arbitrary conduct. 7. Learned counsel for the Food Corporation of India Ltd. on the other hand contended that the case of the Petitioner was duly Page 3 of 5. considered pursuant to the order passed by this Court and his representation has been disposed of by passing a speaking order under Annexure-6. He further contended that the case of the Petitioner has been duly considered by the concerned authority at the relevant time. On such grounds, learned counsel for the Food Corporation of India Ltd. contended that the present writ application is premature and accordingly, the same should be dismissed at the threshold. 8. Having heard the learned counsels appearing for the parties, on a careful analysis of the submissions made by learned counsels from both sides, further on a careful examination of the documents annexed to the writ application and keeping in view the order under Annexure-6, this Court deems it proper to dispose of the writ application at the stage of admission with a direction to the Opposite Party No.2 to consider the case of the Petitioner for promotion by keeping in view the order under Annexure-6 by which both the Reviewing Authority as well as the Accepting Authority have remarked that the Petitioner is fit for promotion to the next higher rank and also keeping in view the order under Annexure-8 in which juniors to the Petitioner have been given promotion to the next higher rank. In the event the Opposite Party No.2 comes to a conclusion that the Petitioner is eligible to be promoted to the next higher rank and his case has not been considered along with the persons whose names appear in the list under Annexure-8, then the case of the Petitioner shall be considered for promotion and shall be given promotion from the date on which the persons under Annexure-8 has been given such promotion to the next higher rank. 9. With the aforesaid observations/ directions, the writ Page 4 of 5. application stands disposed of. 10. Issue urgent certified copy of this order as per Rules. Anil ( A.K. Mohapatra ) Judge Signature Not Verified Page 5 of 5. Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 12-Mar-2025 14:30:08