Prakash Chandra Sethi vs State Of Odisha And Ors
2021 Latest Caselaw 10721 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            WP(C) No. 29854 of 2021

            Prakash Chandra Sethi                ....                                Petitioner
                                                                Mr. S.K. Dash, Advocate
                                                 -Versus -
            State of Odisha and Ors.             ....                          Opp. Parties
                                                                                        .
                                                                            State Counsel


                    CORAM:
                     DR. JUSTICE B.R. SARANGI
                                        ORDER

07.10.2021

WP(C) No. 29854 of 2021 Order No. And

This matter is taken up through hybrid mode.

2. Heard learned counsel for the parties.

3. The petitioner has filed this writ petition seeking direction to the opposite parties to consider the case of the petitioner, who is a member of scheduled caste community, for promotion to the cadre of Revenue Inspector against UR vacancy, within a stipulated time. After notice was issued in the main case, the above noted I.A. has been filed on behalf of the petitioner seeking direction to the opposite parties to consider the case of the petitioner for promotion to the post of Revenue Inspector in the DPC, which is sought to be held as per the letter under Annexure-4.

4. In course of hearing, learned counsel for the petitioner states that petitioner may be permitted to file a fresh representation before the opposite party no.3 highlighting his grievance, and direction may be given to consider the case of the petitioner for promotion to the post of Revenue Inspector in the DPC, which is sought to be held as per the letter under Annexure-4, keeping in view the judgment of the apex Court in Saurav Yadav and Ors. v. State of Uttar Pradesh and Ors., AIR 2021 SC 233 : (2021) 4 SCC 542.

5. Considering the facts and circumstances of this case, the writ petition stands disposed of with the direction that in case the petitioner files a fresh comprehensive representation before the opposite party no.3 within seven days hence, the said opposite party shall consider the case of the petitioner for promotion to the post of Revenue Inspector in the DPC, which is sought to be held as per the letter under Annexure-4, keeping in view the judgment of the apex Court in Saurav Yadav and Ors. v. State of Uttar Pradesh and Ors., AIR 2021 SC 233 : (2021) 4 SCC 542 wherein it has been categorically held that if the reserved candidate qualifies on merit he can be considered against UR vacancy, and dispose of the same by passing a reasoned and speaking order as expeditiously as possible, preferably within a period of fifteen days from the date of receipt of such representation along with the certified copy of this order.

Consequentially, the I.A. stands disposed of. Issue urgent certified copy as per rules.

Arun                                                (Dr. B.R. Sarangi)
                                                         Judge