Ramlal Tanty vs State Of Odisha And Ors
2022 Latest Caselaw 3302 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                       W.P.(C) No.16483 of 2022

        Ramlal Tanty                          ....         Petitioner

                              Mr. Bhabani Sankar Tripathy (1), Adv.

                                   -versus-

        State of Odisha and Ors.        ....         Opposite Parties

                                          Mr. Debasis Mohapatra, SC
                                                (for S & ME Deptt.)

                  CORAM:
                  DR. JUSTICE S.K. PANIGRAHI

Order                           ORDER
No.                            18.07.2022

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

2. Heard.

3. In this Writ Petition, the petitioner who has been

denied to give promotion to the rank of Level-IV

Headmaster only on the basis of pendency of Sambalpur

Vigilance P.S. Case No.42 of 2018 under Sections 13(2)/

13(1)(e) of the Prevention of Corruption Act, 1988 read

with Section 109 of the I.P.C. as well as disciplinary

proceeding under Annexue-5 seeks a direction from this

Court to the opposite party No.4 to give him promotion

to the rank of Level-IV Headmaster with effect from the

// 2 //

date of promotion given to the juniors in service with all

consequential service and financial benefits.

4. Learned counsel for the petitioner submits that the

enquiring officer i.e. the Asst. Block Education Officer,

Kuarmunda vide enquiry report dated 13.07.2021 has

recommended that allegations imposed upon the

petitioner should be withdrawn subject to the outcome of

judgment of criminal proceeding initiated against the

petitioner by the Vigilance Department. He further

submits that because of pendency of cases for a long

period the Government of Odisha, General

Administration and Public Grievance Department issued

Office Memorandum dated 17th June, 2021 wherein at

Clause-3 (V) it has been prescribed as follows:

"(V) an employee after his/ her ad hoc promotion, if awarded with major punishment, shall be reverted to the post from which he/ she was promoted on ad hoc basis and his/ her case shall be considered for promotion afresh on regular basis as per the stipulations prescribed at paragraph 7 of GA & PG Department OM No.3928 dated 18.02.1994 read with OM No.29699, dated 01.11.1997 and he/ she shall not be entitled for any service/ incremental benefit on the basis of the service rendered during the period of his/ her ad hoc promotion."

// 3 //

In view of such Office Memorandum of the Government,

the petitioner has rightfully claimed for promotion to the

rank of Level-IV Headmaster.

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

opposite parties.

6. Mr. Debasis Mohapatra, learned Standing Counsel for

the Department of School and Mass Education waives of

notice on behalf of the opposite parties. Required

number of copies of the Writ Petition be served on him

within three working days hence, who shall obtain

instructions in the matter and file reply.

7. List this matter on 23rd of August, 2022.

(Dr. S.K. Panigrahi) Judge BJ