Dr.Ajit Das vs State Of Odisha And Ors
2022 Latest Caselaw 3943 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                   W.P.(C) No.19049 of 2022

        Dr.Ajit Das                        ....         Petitioner
                                   Mr. Bhawani Sanar Tripathy (1),
                                                            Adv.
                                 -versus-
        State of Odisha and Ors.          ....   Opposite Parties
                                              Mr. D. Mund, AGA

                 CORAM:
                 DR. JUSTICE S.K. PANIGRAHI

Order                            ORDER
No.                             12.08.2022

01. 1. This matter is taken up through hybrid arrangement.

2. Heard.

3. In this Writ Petition, the Petitioner seeks a direction

from this Court to the Opposite Parties to consider and

allow his promotion to Group- A (Sr. Branch) of Odisha

Medical and Health Services Cadre from Group-A

(Jr. Branch) as per the Cadre Rule by counting his past

dhoc services from 16.11.2015 to 10.10.2018 as regular

service for all purposes.

4. Learned counsel for the Petitioner submits that if the

aforesaid adhoc period of services would have been

considered then the petitioner's case would have been

considered for promotion to the rank of Group-A (Sr.

// 2 //

Branch) of Odisha Medical and Health Services Cadre as

per Dynamic Assured Career Progression (DACP)

Scheme for providing him three assured promotions i.e.

after 7 years, 14 years and 21 years of service as

promulgated vide Notification No.6735 dated 08.03.2019

issued by the Health and Family Welfare Department.

Denial of the said adhoc period in inclusion of the service

period of the petitioner for counting in the total length of

service encroaching stumbling block for his promotion.

Learned counsel for the petitioner also relies upon a

judgment of the Hon'ble Supreme Court passed in the

case of Direct Recruitment Class-II Engineer Officers'

Association & Ors. -vrs.- State of Maharashtra & Ors.1.

5. On the other hand, learned Additional Government

Advocate for the State submits that since the petitioner

has resigned from adhoc post and then joined in regular

service, hence, such adhoc period cannot be counted for

his total length of service.

6. In such view of the matter, let notice be issued to the

Opposite Parties.

7. Mr. D. Mund, learned Additional Government

Advocate for the State waives of notice on behalf of the

Opposite Parties. Required number of copies of the Writ

AIR 1990 SC 1607

// 3 //

Petition be served on him within three working days

hence, who shall obtain instructions in the matter and file

reply.

8. List this matter on 15th of September, 2022.

(Dr. S.K. Panigrahi) Judge

BJ