Orissa High Court
Jagannath Behera vs State Of Odisha And Others on 19 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.16716 of 2023
Jagannath Behera .... Petitioner
Mr. S.K. Singh, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. A. Behera, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 19.05.2023
01. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the petitioner as well as learned
counsel for the State. Perused the writ petition as well as documents
annexed thereto.
3. The present writ petition has been filed by the petitioner with
the following prayers:
"In view of the above stated facts and
circumstances, this Hon'ble court may graciously be
pleased to issue Rule NISI calling upon the Opp. Parties
to show cause as to why necessary directions shall not
be issued to consider the case of the petitioner for
promotion to Group 'C' post as per Resolution
No.13012 dtd.04.06.2020 and letter No.3680
dtd.02.02.2021 of the Government of Odisha in General
Administration and Public Grievance Department under
annexure-9 Series, by treating the period of service
rendered by the Petitioner prior to regularization of his
service in the post of Peon (Group-C) as continuity of
service for the purpose of seniority and pensionary
benefits, keeping in view the law laid down by the
// 2 //
Hon'ble Apex Court in the case of Amarkant Rai v.
State of Bihar & others, (2015) 8 SCC 265 as well as the
judgment of this Hon'ble Court in the case of Ranjan
Kumar Das Mohapatra vs. State of Odisha & anr. In
W.P.(C) No.1147 of 2022.
And if the Opp. Parties fail to show cause or show
insufficient cause this Hon'ble Court may make the said
rule absolute by directing the Opp. Parties to consider
the case of the petitioner for promotion to Group-C post
as per Resolution No.13012 dtd.04.06.2020 and letter
No.3680 dated 02.02.2021 of the Government of Odisha
in General Administration and Public Grievance
Department under annexure-9 Series, by treating the
period of service rendered by the Petitioner prior to
regularization of his service in the post of Peon (Group-
C) as continuity of service for the purpose of seniority
and pensionary benefits, keeping in view the law laid
down by the Hon'ble Apex Court in the case of
Amarkant Rai vs. State of Bihar & others, (2015) 8 SCC
265 as well as the judgment of this Hon'ble Court in the
case Ranjan Kumar Das Mohapatra vs. State of Odisha
& anr in W.P.(C) No.1147 of 2022.
AND further be pleased to issue any other
appropriate writ/writs, rule/rules or order/orders,
direction/direction as may be deemed fit and proper in
the interest of justice,"
4. It is submitted by learned counsel for the petitioner that the
petitioner had approached the Block Development Officer, Bhograi-
Opposite Party No.4 by filing a representation and as per
representation, the said Opposite Party No.4 requested the Collector,
Balasore-Opposite Party No.2 to consider the case of the petitioner
for promotion Group-D post to Group-C post and the representation
of the petitioner has been forwarded by the Block Development
Officer, Bhograi to Collector, Balasore vide letter dated 16.12.2022.
It is further contended by learned counsel for the petitioner that so far
no decision has been taken on the representation as well as letter of
the Block Development Officer, Bhograi by the Collector, Balasore-
// 3 //
Opposite Party No.2. Therefore, he has approached this Court
challenging the inaction of the Opposite parties taking decision on
the letter dated 16.12.2022 under Annexure-10.
5. Learned counsel for the State, on the other hand, submitted
that the Block Development Officer, Bhograi has already forwarded
the representation of the petitioner to the Collector, Balasore-
Opposite Party No.2 under Annexure-10. He further submitted that in
the event no decision has been taken on Annexure-10 by the
Opposite Party No.2 and he has no objection, if a direction is given to
the Collector, Balasore-Opposite Party No.2 to consider the same in
accordance with law within a stipulated period of time.
6. Considering the submissions made by the respective parties,
upon careful examination of the background of the facts of the
present case, this Court deems it proper to dispose of the writ petition
at the stage of admission with a direction to the Opposite Party No.2
take a decision on the letter under Annexure-10 as well as
representation annexed thereto within a period of six weeks from the
date production certified copy of this order in accordance with law.
Decision so taken on the said representation shall be communicated
to the petitioner within a period of two weeks thereafter.
7. With the aforesaid observation/direction, the writ petition is
disposed of.
Urgent certified copy of this order be granted on proper
application.
Signature Not Verified ( A.K. Mohapatra )
Digitally Signed
Signed by: JAGABANDHU BEHERA Judge
Designation: Secretary-in-Charge
Jagabandhu
Reason: Authentication
Location: OHC, CUTTACK
Date: 20-May-2023 11:29:44
