Paramanda Sethy vs State Of Odisha
2021 Latest Caselaw 10991 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                        WPC (OA) No. 3535 of 1996

Paramanda Sethy                  .....                                  Petitioner
                                                        Mr. C. Behera, Advocate
                                 Vs.
State of Odisha                  .....                               Opposite party

                                                 Mr. Praharaj, Standing Counsel

             CORAM:
                DR. JUSTICE B.R. SARANGI
                                          ORDER

27.10.2021

Order No. This matter is taken up through hybrid mode.

2. None appears for the petitioner at the time of call. Heard Mr. Praharaj, learned Standing Counsel for the State. Perused the record.

3. The petitioner files this writ petition seeking direction to the opposite parties to follow the O.R.V. Act and Rules and 80% roster under Annexure-5 and to give promotion to the petitioner to the post of Asst. Executive Engineer against the vacancies occurred during the recruitment year 1996.

4. Mr. Praharaj, learned Standing Counsel for the state contended that the claim of the petitioner for promotion to the rank of Assistant Executive Engineer, Public Health against the reserved vacancies of the year 1996. As the post earmarked for the S.C. category officers in the cadre of Assistant Executive Engineer, Public Health has been filled up, therefore, the case of the petitioner for promotion has not been taken into consideration as there no available vacancy under the reserved category and thereby no illegality or irregularity has been committed by the authority of not giving such benefit to the petitioner.

5. On perusal of the record and having heard learned Standing Counsel for the State, it appears that admittedly the petitioner belongs to SC category and continuing as Assistant Engineer. He claims for promotion to the Assistant Executive Engineer against the reserved vacancies of the year 1996. The post is earmarked for SC category. There are 20 vacant posts in the cadre of Assistant Executive Engineer, Public Health. The D.P.C. in their meeting held 09.12.1996 had recommended the names of 17 general and 3 S.T. Category Asst. Engineer, P.H. for promotion to the rank of Asst. Executive Engineer P.H. keeping in view the cadre strength of Asst. Executive Engineer, P.H. as per the judgment of the Apex Court in Civil Appeal No. 3792-3794/1989 published in J.T. 1996 (2) S.C. 727-Ajit Singh Junuja and others Vrs. State of Punjab and others and in Civil Appeal No. 9272/95-Union of India and others Vrs. Virpal Singh Chouhan. Therefore, if the promotional post in SC category is not available, in that case, the claim of the petitioner for promotion cannot sustain in the eye of law.

6. In view of the above, this Court finds no merit in the writ application, which is accordingly dismissed.

                                        (DR. B.R. SARANGI)
Arun                                         JUDGE