Kuna Mallik vs State Of Odisha & Others
2023 Latest Caselaw 12201 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 W.P.(C) No.31380 of 2023
                 Kuna Mallik                               ....             Petitioner
                                                         Mr. D.R. Mohapatra, Advocate
                                              -versus-
                 State of Odisha & others                  ....      Opposite Parties
                                                             Mr. N.K. Praharaj, A.G.A.

                                          CORAM:

                             JUSTICE A.K. MOHAPATRA

                                           ORDER

Order No.                                 09.10.2023
    01.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate for the State-Opposite Parties. Perused the Writ Petition as well as the documents annexed thereto.

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

"Under the above circumstances, it is humbly prayed that the writ petition may be allowed; And A writ of mandamus or an appropriate writ may be issued quashing the impugned promotion order dated 08.09.2023 passed by the Collector, Ganjam, under Annxure-3 and necessary direction may be made to the opposite parties to give promotion to the petitioner with effect from the date from which his junior promoted to the rank of Revenue Inspector with all consequential benefits within a time to be stipulated by this Hon'ble Court;

And/ or issue any other appropriate writ/ writs, order/ orders, direction/ directions as deem fit and proper in the fitness of the case;"

4. It is stated by the learned counsel appearing for the Petitioner that pursuant to the recommendation of the DPC convened for the purpose promotion to the post of Revenue Inspector from among the Assistant // 2 //

Revenue Inspector and Amin, the cases of persons who are juniors to the Petitioner in the gradation list have been considered and they have given promotion vide office order dated 08.09.2023 under Annexure-3 to the writ application. Learned counsel for the Petitioner further drawing attention of this Court through the gradation list under Annexure-2 to the writ application emphatically submitted that the name of the Petitioner appears at Serial No.4 of the gradation list. He further contended that the persons below the petitioner at serial Nos.5, 6 and so on have been considered for promotion and they have been given promotion. Learned counsel for the Petitioner further contended that there is no Disciplinary Proceeding pending against the present Petitioner. However, he further contended that the Petitioner was entangled in a criminal case bearing G.R. case No.284 of 2019 corresponding to T.R. No.16 of 2022. After conclusion of the trial, the Petitioner has been acquitted vide judgment dated 17.09.2022. On perusal of the judgment dated 17.09.2022 under Annexure-5 to the writ application, it appears that the trial court while acquitting the Petitioner has observed to enter that case as a mistake of fact. Learned counsel for the Petitioner also stated that after acquittal in the criminal case, he has approached the authorities to consider his case for promotion to the post of Revenue Inspector by filing a representation dated 11.08.2023 under Annexure-4 to the writ application. On perusal of Annexure-4 it reveals that the same has been received by the Office of Collector-cum-District Magistrate, Ganjam at Chatrapur. However, no decision has been taken on such representation of the Petitioner as of now.

5. Learned Additional Government Advocate, on the other hand contended that since the Petitioner has already approached the Collector-cum-District Magistrate, Ganjam, Opposite Party No.2 by filing a representation and the same is stated to be pending before him, then he will have no objection in the event this Court directs the Opposite Party No.2 to consider the representation of the Petitioner // 3 //

strictly in accordance with law within a stipulated period of time.

6. Considering the submissions made by the learned counsels appearing for the respective parties and on a careful examination of the background facts as well as keeping in view the limited nature of the grievance involved in the present writ application, this Court instead of keeping the matter is pending deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.2 to consider the representation of the Petitioner under Annexure-4 strictly in accordance with law and keeping in view the gradation list as well as the seniority of the Petitioner and the relevant provisions of the service rule and take a final decision within a period of six weeks from the date of communication of a certified copy of this order by the Petitioner. The final decision so taken be communicated to the Petitioner within two weeks thereafter. It is further observed here that in the event it is found by Opposite Party No.2 that there is no impediment or legal bar in giving promotion to the petitioner as per the position of gradation list, then necessary steps be taken to convene the DPC to consider the case of the Petitioner. In the event, the case of the Petitioner is considered and recommended by the DPC, the Opposite Parties shall do well to give such promotion from the date the Petitioner's Juniors have been promoted to the post of Revenue Inspector.

7. With the aforesaid observations/ directions, the writ application stands disposed of.

Issue urgent certified copy of this order as per Rules.

( A.K. Mohapatra ) Judge Anil

Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 13-Oct-2023 17:45:01