Keshab Kumar Gandhi vs State Of Odisha & Others .... Opposite ...
2023 Latest Caselaw 15567 Ori

Orissa High Court

Keshab Kumar Gandhi vs State Of Odisha & Others .... Opposite ... on 4 December, 2023

Author: A.K.Mohapatra

Bench: A.K.Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                W.P.(C) No.38446 of 2023

            Keshab Kumar Gandhi                     ....            Petitioner
                                                     Ms.Anima Dei, Advocate
                                         -versus-
            State of Odisha & others                ....    Opposite Parties
                                                    Mr. P.K.Muduli, A.G.A.
                        CORAM:
                        JUSTICE A.K.MOHAPATRA

                                        ORDER

Order No.                              04.12.2013
   01.      1.        This matter is taken up through Hybrid Arrangement
            (Virtual/Physical Mode).

2. Heard learned counsel for both the Petitioner as well as the learned Additional Government Advocate. Perused the Writ Petition as well as the documents annexed thereto.

3. The present Writ Petition has been filed with the following prayer:

" It is therefore humbly prayed that this Hon'ble Court may graciously be pleased to issue rule NISI calling upon the Opposite Parties to show cause And in the event the opposite Parties fail to show cause of show insufficient cause make the rule absolute and issue writ of mandamus commanding the Opposite Party No.2 to give retrospective promotion to the Petitioner from the date when his juniors have been promoted. All the juniors and batch mates got promotion to the Executive Engineer/Manager (Electrical) in E-5 Grade, in pay Level EE-3 under TPSODL with effect from 04.07.2023.

And pass any other appropriate order/orders, direction/directions as deem fit and proper."

// 2 //

4. At the outset it is submitted by the learned counsel for the Petitioner that being aggrieved by the inaction of the Opposite Parties in not giving promotion to the Petitioner on the ground of pendency of Vigilance case/Departmental Proceeding, the Petitioner has approached this Court by filing the present Writ Petition. Learned counsel for the Petitioner referring to the judgment of this Court dated 06.11.2023 in Nihar Ranjan Choudhury v.-State of Odisha and another in W.P.(C) No.21793 of 2021 submitted before this Court that the case of the Petitioner is squarely covered by the ratio decided in the aforesaid judgment.

5. Taking into consideration the submissions made by the learned counsel for the Petitioner and keeping in view the limited nature of grievance, this Court deems it proper to dispose of the Writ Petition by directing the Chief Executive Officer (TPSODL), Opposite Party no.2 to consider the case of the Petitioner in the light of the judgment of this Court in Nihar Ranjan Choudhury'case. It is further directed that in the event Opposite Party No.2 comes to a conclusion that the case of the Petitioner is covered by the ratio decided by this Court in Nihar Ranjan Choudhury' case, then similar benefit be granted to the Petitioner. Any decision taken be communicated to the Petitioner within two weeks from the date of taking such decision.

6. With the aforesaid direction, the writ petition stands disposed of.

Issue urgent certified copy of this order as per Rules.

(A.K. Mohapatra)

Location: High Court of Orissa Date: 07-Dec-2023 11:41:07