Orissa High Court
Basanta Kumar Ghana vs State Of Odisha And Others on 4 September, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.28430 of 2023
Basanta Kumar Ghana .... Petitioner
Mr.K.C.Sahu, Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr.N.K.Praharaj, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 04.09.2023
01 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard the learned counsel for the Petitioner as well as the
learned Additional Government Advocate. Perused the Writ Petition
as well as the documents annexed thereto.
3. The Petitioner has filed the present Writ Petition with the
following prayer:
" In view of the facts and submissions mentioned
above he Petitioner prays for the following relief(s):-
I) The Hon'ble Court be pleased to admit and allow
the Writ Petition.
II) The Hon'ble Court be pleased to direct the
Opp.Parties to give antedated promotion to the
Petitioner to the rank of Field Technician and
Horticulture Overseer w.e.f. 20.11.1998 and
13.09.2010 i.e. from the date of Opp.Party No.5
got such promotion as per order under Annexure-
6 dated 2708.2016 so also others as per
Annexure-4 by granting all consequential service
and financial benefits including the revision of
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pension and other retirement benefits in view of
the judgment of Hon'ble High Court passed in
W.P.(C) No.17013/2006 under Annexure-3 so
also taking into account Annexure-8 & 9 within a
time bound period for the interest of justice.
III) The Hon'ble Court may be pleased to pass any
order(s)/direction(s) as deems fit and proper for
the interest of justice."
4. Being aggrieved by the inaction of the Opposite Parties in
taking a decision on the representation of the Petitioner dated
23.08.2022 under Annexure-7 with a prayer for antedating his
promotion to the post of Field Technician, learned counsel for the
Petitioner has approached this Court in the present Writ Petition.
5. Learned counsel for the Petitioner submitted that the Petitioner
was initially appointed as Gardner (Mali) on 16.04.1976. While
working as such, he was promoted to the rank of Grafter on
23.02.1987. Thereafter, the Petitioner was again promoted to the rank
of Field Technician on 13.06.2011. While working as such, the
Petitioner has retired from service on attaining the age of
superannuation with effect from 31.04.2012. Learned counsel for the
petitioner further contended that as per order passed by this Court in
W.P.(C) No.17013 of 2013 the juniors to the Petitioner have been
repatriated from VAW including one Sridhar Mishra and they have
been given promotion as per order dated 27.08.2-16 ignoring the case
of the Petitioner although the Petitioner is eligible to get promotion to
the rank of Field Technician with effect from 20.11.1998 and
Horticulture Overseer with effect from 13.09.2010. However, the
case of the Petitioner has not been considered in its proper
perspective keeping in view the representation of the Petitioner under
Annexure-7 to the Writ Petition as has been stated herein above.
6. Learned Additional Government Advocate on the other hand
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contended that since the Petitioner has approached the Opposite
Party No.2 i.e. Director, of Horticulture, Odisha, he has no objection
if this Court directs the Opposite Party no.2 to consider the
representation of the Petitioner in accordance with law and dispose of
the same within a stipulated period of time.
7. Considering the submissions of the learned counsel appearing
for the parties and keeping in view the background facts of the
present case as well as the limited nature of prayer involved in this
case, this Court deems it proper to dispose of the Writ Petition at the
stage of admission by granting liberty to the Petitioner to file a fresh
representation within two weeks from today taking all the grounds
along with all the relevant documents indicating that his juniors have
been promoted in the meantime. In the event the Petitioner files such
a representation before the Opposite Party No.2, the Opposite Party
No.2 shall do well to consider the representation of the Petitioner
strictly in accordance with law keeping in view that the juniors to the
Petitioner have been given promotion in the meantime ignoring the
case of the Petitioner and dispose of the same by passing a speaking
and reasoned order within a period of two months from the date of
approaches by the Petitioner. The decision so taken be communicated
to the Petitioner within two weeks from taking such decision.
8. With the aforesaid observation, the Writ Petition sands
disposed of.
9. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra )
Judge
RKS
Signature Not Verified
Digitally Signed
Signed by: RAMESH KUMAR SINGH
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 08-Sep-2023 14:08:31
