Orissa High Court
Manoranjan Biswal vs State Of Odisha And Others on 14 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.15816 of 2023
Manoranjan Biswal .... Petitioner
Mr. S. Palit,
Sr. Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. S.N. Pattanaik,
Additional Government Advocate
Mr. B.B. Mohanty, Advocate
(For Opposite Party No.5)
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
Order No.
14.08.2023
W.P.(C) No.15816 of 2023
I.A. No.7239 & 8999 of 2023
06. This matter is taken up through hybrid mode.
2. Mr. S. Palit, learned Senior Advocate appears for the
petitioner and hands up a Memorandum to the said effect in
Court today. The same be kept on record.
3. I.A. No. 8999 of 2023 has been filed for
modification/variance/vacation of the interim order dated
19.05.2023 passed in I.A. No.7239 of 2023, which has been
extended till to-day.
4. Heard learned Counsel for the parties.
5. Mr. Mohanty, learned Counsel for Opposite Party No.5
hands up a copy of the order dated 09.09.2022 passed in W.P(C)
No.3560 of 2020 and submits, the final gradation list of
Commandant as on 22.09.2022, as at Annexure-7, has been
issued by the Home Department pursuant to the said order
dated 09.09.2022, vide which the interim order 04.02.2020
passed in W.P.(C) No.3560 of 2020 stood vacated. He further
submits, though the issue involved in W.P.(C) No.3560 of 2020
is pertaining to final gradation list of OAPS(STS) Officer i.e. in
the rank of Commandant (STS), other cases, as mentioned in
the Office Memorandum dated 22.11.2022, though are not
germane to the present issue, have been mentioned in the Office
Memorandum dated 22.11.2022 by the State Government under
misconception that the said matter might have some nexus with
the present issue.
6. Mr. Mohanty, learned Counsel for Opposite Party No.5
draws attention of this Court to the final gradation list of
Commandant as on 22.09.2022, as at Annexure-7, and
submits, post of "Sergeant" and "Jamdar" are two separate
cadres. The next post for promotion of Sergeant is Reserve
Inspector, whereas the next post for promotion of Jamadar is
Subedar. However, for promotion to the post of Assistant
Commandant, both the posts i.e. Reserve Inspector and
Subedar, are the feeder posts and the present Opposite Party
No.5 was appointed as Sergeant. All the subsequent promotions
of Opposite Party No.5 to the post of Reserve Inspector,
Assistant Commandant and Commandant were prior to the
promotion of the Petitioner to the post of Subedar, Assistant
Commandant and Commandant. Promotion of the Opposite
Party No.5 to the post of Commandant, which was six months
prior to the promotion of the present Petitioner to the said post,
was never challenged by the Petitioner. He further submits, if
the interim order passed by this Court dated 19.05.2022 is
further extended, his client will be seriously prejudiced as he is
going to retire shortly. He further submits, if the Petitioner
succeeds in the present Writ Petition, he will be entitled to all
the benefits, including inter se seniority, as has been claimed by
him. Mr. Mohanty submits, if the order passed by this Court is
modified to the effect that any promotion made in terms of the
Office Memorandum dated 22.11.2022, shall be subject to final
outcome of the present Writ Petition, the Petitioner will no way
be prejudiced by such order.
7. The said submissions made by Mr. Mohanty is opposed to by
Mr Palit, learned Senior Counsel for the Petitioner. Mr. Subir
Palit draws attention of this Court to the Judgment dated
25.06.2021 passed in W.P.(C) No.6844 of 2018, as at Annexure-
6 Series and submits, the interim order passed in the said case
stood restored before the matter was referred to third bench.
8. Mr. Palit, learned Senior Counsel further submits, if the
interim order passed by this Court dated 19.05.2023 is not
extended further, his client will be seriously prejudiced.
9. Mr. S.N. Pattanaik, learned Additional Government
Advocate for State-Opposite Parties submits, though no specific
objection has been filed to the I.A. No.8999 of 2023, a detailed
Counter has been filed by the State justifying as to issuance of
final gradation list impugned in the present Writ Petition. He
further submits, one cannot claim promotion as a matter of
right and the gradation list impugned in the present Writ
Petition was rightly published indicating therein that the same
will be subject to final outcome of the various Writ Petitions, as
detailed in the office memorandum. He further submits, if the
interim order passed by this Court is further extended, the
private Opposite Parties will be seriously prejudiced. Mr Patnaik
also orally prays for variance of the said interim order to the
effect that any action taken by the State pursuant to the said
final gradation list shall be abided by the outcome of the present
Writ Petition.
10. In view of the submissions made by Mr. Mohanty, learned
Counsel for Opposite Party No.5, Mr. Palit, learned Senior
Counsel for the Petitioner so also Mr. S.N. Pattnaik, learned
Additional Government Advocate for the State-Opposite Party
and taking note of the averments made in I.A. No.8999 of 2023
and the Objection filed by the Petitioner in response to the said
I.A. for modification/variance/vacation of the interim order
dated 19.05.2023 passed in I.A. No.7239 of 2023 so also
contents of the counter filed by the State and Opposite Party
No.5, since there is a clear cut mention in the Office
Memorandum dated 22.11.2022 that the said gradation list is
subject to final outcome of W.P.(C) No.3560 of 2020, which has
been referred to third Bench, so also other connected writ
petitions, as detailed in the office memorandum, this Court is
of the view that the said interim order passed before filing of
objection to the IA as well as counter to the Writ Petition by the
Opposite Parties, needs to be modified. Accordingly, the order
dated 19.05.2023 passed in I.A. No.7239 of 2023 stands
modified to the effect that any action/promotion pursuant to
Office Memorandum dated 22.11.2022, as at Annexure-7, shall
be abided by the outcome of the present Writ Petition.
11. Accordingly, both the I.As. stand disposed of.
12. Mr. Palit, learned Sr. Counsel for the Petitioner prays for
two weeks time to file the Rejoinder to the Counter Affidavit filed
by the State. The same is allowed.
13. The Writ Petition be listed four weeks after.
14. Urgent certified copy of this order be granted on proper
application as per rule.
(S. K. MISHRA)
Prasant JUDGE
Signature Not Verified
Digitally Signed
Signed by: PRASANT KUMAR PRADHAN
Designation: Secretary
Reason: Authentication
Date: 16-Aug-2023 10:57:02
