Orissa High Court
Manoranjan Biswal vs State Of Odisha And Others on 19 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.15816 of 2023
Manoranjan Biswal Petitioner
....
Ms. B.K. Pattanaik, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr. G.N. Rout, ASC
(fo
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
19.05.2023
W.P.(C) No.15816 of 2023 and I.A. No.7239 of 2023
Order No.
2. 1. The matter is taken up through hybrid mode.
2. Heard Ms. Pattanaik, learned Counsel for the
Petitioner.
3. Learned Counsel for the Petitioner submits that
the final Gradation List of Odisha Armed Police Service
(STS) Officers in the rank of Commandant dated
22.09.2022 is under challenge. She submits that her
client along with others approached this Court in W.P.(C)
No.6844/2018 and batch with regard inter se seniority in
the Gradation List. The said Writ Petitions were heard
together. Though the judgment was delivered on
25.06.2021, because of different of opinion, it was
ordered on the very same day to place the matter before
the third Bench.
She submits that pursuant to Order dated
25.06.2021 in W.P.(C) No.6844 of 2018, though the
matter was listed before the Bench presided over by
Hon'ble Dr. Justice B.R. Sarangi, the same is yet to attain
finality. She further submits that during pendency of the
said Writ Petition, the Opposite Parties have finalised the
Gradation List, despite objection of her client and
proceeded to give promotion to the juniors of the
Petitioner. Accordingly, she prays not to give promotion
in the grade of OAPS (Superior Administrative Grade) for
vacancies of the year, 2023 in terms of the impugned
Gradation List dated 22.09.2022.
4. In view of such submission made by the learned
Counsel for the Petitioner, issue notice on the question of
admission and stay to the Opposite Parties by Registered
Post/Speed Post with A.D., requisites for which be filed
by 22.05.2023. Accept one set of process fee.
5. Since Mr. Rout, learned ASC accepts notice on
behalf of Opposite Party Nos. 1 and 2, two extra copies of
the Writ Petition, so also I.A. be served on him by the
said date.
6. On filing of requisites, office is directed to issue
notice to the Opposite Party Nos. 3 to 5 fixing a short
returnable date.
7. Office is further directed to keep on record the
Tracking Report before the next date of listing.
8. Counter, so also objection to the I.A., if any, be
filed by 26.06.2023.
9. Matter be listed on 28.06.2023.
10. As an interim, Opposite Parties are directed not to
give promotion in the grade of OAPS (Superior
Administrative Grade) based on the Gradation List dated
22.09.2022, till the next date of listing.
11. Parties are directed to act on the website copy of
this Order.
12. Urgent certified copy of this order be granted as
per rules, on proper application.
(S. K. MISHRA)
JUDGE
padma
Signature Not Verified
Digitally Signed
Signed by: PADMA CHARAN DASH
Designation: Secretary In-Charge
Reason: Authentication
Location: ORISSA HIGH COURT
Date: 19-May-2023 18:19:52
