Orissa High Court
Nilachal Pujahari vs State Of Odisha & Ors on 27 April, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.34251 of 2022
Nilachal Pujahari .... Petitioner
Mr. S.C. Devdash, Advocate
-versus-
State of Odisha & Ors. .... Opposite Parties
Mr. R.N. Mishra, AGA
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
27.04.2023
Order No
03. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical) Mode.
2. Heard Mr. S.C. Devdash, learned counsel appearing on behalf of
Mr. K.K. Swain, learned counsel for the Petitioner and Mr. R.N.
Mishra, learned Addl. Govt. Advocate appearing for the Opp.
Parties.
3. The Petitioner has filed the present writ petition inter alia with
the following prayer:-
<Under the above circumstances, it is humbly prayed
that the writ petition may be allowed;
And
(A) a writ of mandamus or an appropriate writ may be
issued quashing the impugned order dated 30.11.2022
passed by the District Education Officer, Sonepur
under Annexure 2 and necessary direction may be
made to the opposite parties to count the aided period
of service of the petitioner from 02.01.1992 to
06.06.1994 and he may be allowed to avail gratuity
on the basis of 1:1 principle and his gratuity for 15
months may be paid to him as his total length of
service comes to 30 years keeping in view the
judgment of this Hon'ble Court rendered in the case of
N.N. Swamy and others Vs. State of Orissa and
// 2 //
others (O.J.C. No. 410 of 1971 disposed of on
04.02.1974) which has been upheld by the Hon'ble
Apex Court in the case of State of Orissa and others
Vs. N.N. Swamy and others reported in 1977 AIR
1237, within a time to be stipulated by this Hon'ble
Court.
(B) And any other order/orders or direction/directions
may be issued so as to give complete relief to the
petitioner;
And for this act of kindness, the Petitioner
shall as in duty bound remain ever pray.=
4. It is contended that though the claim of the Petitioner is squarely
covered by a decision of this Court so passed in OJC NO. 410 of
1971 decided on 04.02.1974 (N.N. Swamy & Ors. Vs. State of
Odisha & Ors.), but the authorities are not extending the benefit of
promotion in favour of the Petitioner.
5. On instruction Mr. R.N. Mishra, learned Addl. Govt. Advocate
contended that the matter be remitted to the O.P. No. 3 for
consideration of the Petitioners' claim in the light of the order
passed by this Court in the case of N.N. Swamy as cited (supra).
6. Having heard learned counsel for the Parties and in view of the
submission made, this Court while disposing the writ petition is
inclined to quash the order dtd.30.11.2022 under Anenxure-2 and
remits the matter to the O.P. No. 3 to consider the case of the
Petitioner for his promotion and take a decision on the same by
following the Judgment of this Court as rendered in the case of
N.N. Swamy. Such a decision shall be taken within a period of three
(3) months from the date of receipt of this order.
7. The writ petition is disposed of accordingly.
(Biraja Prasanna Satapathy)
Judge
Sneha
