Narayan Mahali vs State Of Odisha & Ors
2021 Latest Caselaw 6787 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  WPC (OAC) No. 4170 of 2016

            Narayan Mahali                      .....                  Petitioner
                                                         Mr. B.R. Barik, Advocate
                                           -Versus-

            State of Odisha & Ors.              .....             Opposite parties
                                                              Mr. M. Balabantray,
                                                        Standing Counsel for State

                        CORAM:
                            DR. JUSTICE B.R. SARANGI

                                           ORDER

02.07.2021

Order No. This matter is taken up through video conferencing.

Heard learned counsel for the petitioner. The petitioner has filed this writ petition seeking to quash the order of promotion of his juniors having less merit to the post/rank of ORS Group-B as at Annexure- 4 & 6 and further seeks direction to opposite parties to promote him to the rank of ORS Group-B from the date his juniors were given promotion along with all consequential service benefits.

This writ petition is of the year 2016 and on abolition of the tribunal this matter has been transferred to this Court and renumbered as mentioned above and till date counter affidavit has not been filed.

Mr. B.R. Barik, learned counsel for the petitioner states that similar matter has been disposed of by the learned Tribunal in O.A. No. 2953 (C) of 2013 on 01.12.2016. Therefore, the representation of the petitioner under Annexure-8 may be considered in the light of the above order passed in O.A. No. 2953 (C) of 2013. To which, the State counsel has no objection.

Considering the limited grievance of the petitioner, this Court without expressing any opinion on the merits of the case, disposes of the writ petition directing opposite party no.1 to consider the representation filed by the petitioner vide Annexure- 8 taking into consideration the judgment dated 01.12.2016 passed by the learned Tribunal in O.A. No. 2953 (C) of 2013 and pass appropriate order in accordance with law within a period of three months from the date of production of authenticated/certified copy of this order.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No. 4798 dated 15th April, 2021.

(DR. B.R. SARANGI) A.K. Rana JUDGE