Khusiram Mallik vs State Of Odisha And Others
2023 Latest Caselaw 9856 Ori

                                                IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                                  W.A. No.1807 of 2023

                                          Khusiram Mallik                             ....           Appellant
                                                                                     Mr. K. Swain, Advocate
                                                                        -versus-
                                          State of Odisha and others                   ....      Respondents
                                                                                   Mr. Arnav Behera, A.S.C.

                                                      CORAM:
                                                      THE CHIEF JUSTICE
                                                      JUSTICE SAVITRI RATHO

                                                                        ORDER

23.08.2023 Order No.

03. 1. Heard Mr. K. Swain, learned counsel appearing for the Appellant

and Mr. Arnav Behera, learned Additional Standing Counsel for the

State-Respondents.

2. This writ appeal arises from the order dated 25th July 2023 passed

by the learned Single Judge in W.P.(C) No.22911 of 2023 by which

it has been observed that the Appellant has been appointed in the

promotional post. In brief, the Appellant is aggrieved by the

communication issued by the Respondent No.2 under Annexure-6

whereby a request had been made to the Respondent No.4 to re-

verify the orders of promotion on the basis of the uniform policy on

its adoption and on such verification, if it is found that the

promotees including the Appellant have been given promotion

Digitally Signed Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Aug-2023 16:53:23 violating the stipulations in the OEE Cadre Rule 1997, the

promotees be reverted to their feeder post.

3. The basis of filing this writ appeal is the said apprehension. The

Appellant is apprehensive that he may be reverted even before the

policy is adopted.

4. The Respondent No.2 has filed the counter affidavit in the writ

appeal on 16th August 2023 by asserting, inter alia, as follows:

"15. That, on 27.07.2023, the learned Single Judge of this Hon'ble Court in W.P.(C) No.21773 and 22159 of 2023 passed a judgment directing the State Government to prepare a uniform policy with regard to preparation of gradation list of Elementary Cadre Teachers within a period of two weeks. The learned Single Judge has further directed that the benefit of promotion of Elementary Cadre Teachers shall be extended only after the policy is finalized and final gradation list is prepared. Till such directions are implemented, the State Government has been directed not to grant any promotion to the Elementary Cadre Teachers.

A copy of the judgment dated 27. 07.2023 passed by the learned Single Judge of this Hon'ble Court in W.P.(C) No.21773/2023 and W.P.(C) No.22159/2023 is annexed herewith as Annexure-D/1.

16. That, the State Govt. is presently formulating the uniform policy for preparation of gradation list in order to grant promotion to Elementary Cadre Teachers. In the meantime, some teachers such as the present Appellant, have already been promoted and some teachers have not been promoted in view of the injunction granted by this Hon'ble Court vide judgment dated 27.07.2023 passed in W.P.(C) No.21773/2023 and W.P.(C) No.22159/2023.

xxx xxx xxx

Digitally Signed Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Aug-2023 16:53:23

18. That, pending formulation of policy, the District Education Officers of Bolangir, Bhadrak and Nuapada Districts, have directed their respective Block Education Officers to collect necessary data in respect of Elementary Cadre Teachers, which shall subsequently facilitate for preparation of gradation list of Elementary Cadre Teachers after formulation of the uniform policy."

5. That, Mr. Arnav Behera, learned Additional Standing Counsel

has categorically stated that the Appellant has no reason to

apprehend as the verification will be carried out only after the

uniform policy is adopted in terms of the order of the learned Single

Judge dated 27th July 2023 passed in W.P.(C) Nos.21773 and 22159

of 2023.

6. Mr. Swain, learned counsel has submitted in response that this

appeal may be disposed of recording the said statement of Mr.

Behera, learned Additional Standing Counsel.

7. Accordingly, we dispose of the present writ appeal. We direct the

Respondents to not revert the Appellant, until his promotion is

found to be irregularly made in terms of the uniform policy, as

contemplated to be introduced. No order as to costs.

(S. Talapatra) Chief Justice

(Savitri Ratho) Judge S.K. Guin

Digitally Signed Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Aug-2023 16:53:23