The High Court
Case Details
Order No. 04. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.38621 of 2023 Gourang Charan Karjee …. Petitioner Mr. D.K.Mohapatra,Advocate -versus- State of Odisha and others ….
Legal Reasoning
Opposite Parties Mr. Saswat Das,AGA. CORAM: JUSTICE A.K.MOHAPATRA
Decision
ORDER 21.05.2024 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This matter was not in the today’s list. On being mentioned the matter is taken up. 3. Heard learned counsel for the petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties. Perused the writ petition as well as documents annexed thereto. 4. The present writ petition has been filed by the petitioner with the following prayers: “It is therefore most humbly prayed that this Hon’ble Court may graciously be pleased to admit the writ petition and after hearing to the parties may graciously be pleased to quash the order No.13340/BE-I(XVIII-23/2023) dated 17.11.2023 issued by the Opp.Party No.2 under annexure-1 with regard to revert back the Petitioner from the post of R.I. to A.R.I. holding that such order is completely illegal, unlawful, arbitrary and violation t the Articles 14, 16 & 21 of the Constitution of India, 1950. Further this Hon’ble Court may be pleased to direct the Opp.PartyNo.1 & 2 to continue the service of the Petitioner in his promotional post with all other financial and other service benefits // 2 // applicable to the said promotional post of R.I. time to time including future promotional benefits taking the seniority from the date of the Petitioner actually got promoted to the post of R.I. under Annexure- 4. And may pass any such order/orders, direction/directions as this Hon’ble Court would deem fit and proper.” 5. The main grievance of the petitioner in the present writ application is that although the petitioner is eligible for promotion to the post of RI from the post of ARI and she was promoted in the meantime, however, the authorities have illegally reverted her back to the post of ARI. Being aggrieved of such order the petitioner has approached this Court by filing present writ application. 6. Learned Senior counsel appearing on behalf of the petitioner further contended that the petitioner has the eligibility and suitability for being appointed to the post of RI and in fact she was promoted to the post of RI. However, she was reverted to the post of ARI. In course of his argument learned senior counsel appearing for the petitioner submitted the batch-mate as well as juniors have been promoted to the post of RI in the meantime ignoring the case of the petitioner while admitting the present writ application vide order dated 28.11.2023, this Court directed the order dated 17.11.2023 under Annexure-1 to be kept in abeyance. In the meantime this Court also directed the state counsel to obtain instruction in the matter. 7. Learned Additional standing Counsel in course of his argument submitted that pursuant to the order passed by this Court they have already received instructions from the office of the Collector, Gajapati, Opposite Party No.2, vide letter dated 31.01.2024. On perusal of the aforesaid instructions contained in Page 2 of 4 // 3 // letter dated 31.01.2024 it appears that Opposite Party No.2 has categorically stated that the petitioner can be considered in the zone of the consideration of ARI according to her seniority in the gradation list, and she may be promoted and accommodated in the vacant post of Revenue Inspector under the ST category in the next regular DPC in accordance Rule 4 (b) and Rule 11 Odisha District Revenue Service ( Method of Recruitment and Condition of Service) rules, 1983 and amendment rules from time to time on the basis of merit and suitability with regard to the seniority. On the basis of the aforesaid instruction learned Additional Standing Counsel submitted that present writ application can be disposed of. 8. Considering the submissions made by learned counsels appearing for the respective parties, on a careful examination of the background facts as well as materials on record, this Court observes that the petitioner was duly selected by to the Departmental Promotional Committee and her name was recommended by the DPC held on 30.06.2022. Accordingly petitioner was given promotion vide order dated 18.07.2022 under Annexure-4 to the writ application. On perusal of the office order dated 18.07.2022 it appears that the name of the petitioner finds place at serial No.6 and on promotion she has been posted at Raygada Tahasil. After such promotional transfer the petitioner joined in her new promotional post w.e.f. 20.07.2022. While the matter stood thus the petitioner has been reverted back to the post of ARI vide order dated 17.11.2023 under Annexure-1. On perusal of the said order it appears that the review DPC meeting held on 14.09.2023 reviewed the cases of some of the persons who had already been given promotion to the post of RI in the DPC meeting held on 30.06.2022. Accordingly, the Page 3 of 4 // 4 // petitioner was reverted from the post of RI to the post of ARI. Being aggrieved by such order the petitioner had approached this Court by filing the present writ application. Such order of reversion dated 17.11.2023 has been kept in abeyance by this Court. Taking into consideration the instructions received, the Opposite Parties are directed to consider the case of the petitioner against the vacant post of RI and the petitioner be given promotion to the Post of RI by giving due regard to her seniority and her eligibility within a period of two months from the date of communication of a copy of this order. Till a decision is taken as directed hereinabove, the interim order passed by this Court shall continue for the said period of two months. Any final decision taken by the Opposite parties shall be communicated to the petitioner within ten days from the date of taking such a decision. 9. With the aforesaid observation, direction the writ petition is disposed of. RKS (A.K. Mohapatra) Judge Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 23-May-2024 11:46:32 Page 4 of 4