Orissa High Court
Abhaya Kumar Baliarsingh vs State Of Odisha & Ors. ..... Opposite ... on 3 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.9310 of 2025
Abhaya Kumar Baliarsingh ..... Petitioner
Represented By Adv. -
Krishna Chandra Sahu
-versus-
State Of Odisha & Ors. ..... Opposite Parties
Represented By Adv. -
Samaresh Jena, A.S.C.
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
03.04.2025
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned
Additional Standing Counsel appearing 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 prayers:-
"In view of the facts & submissions mentioned
above the petitioner prays for the following relief(s):-
i) The Hon'ble Court be pleased to admit & allow the
writ petition.
ii) The Hon'ble Court be pleased to direct the Opp.
party no. 2 for antedated promotion of the petitioner
to the rank of Horticulture Overseer by stepping up
his pay as well as pension at par with his junior it.
Opp. party no.5 got promotion with all
consequential service as well as arrear financial
benefits including revision of his pay & pension
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. It is submitted by the learned counsel for the Petitioner that the
Petitioner's deceased husband is eligible to get antedated promotion
as has been held by this Court in W.P.(C) No.17013 of 2006, which
was disposed of by Division Bench of this Court vide judgment dated
09.11.2010. It is also submitted by the learned counsel for the
Petitioner that the case of the Petitioner is also covered by the
decision of this Court in W.P.(C) No.11435 of 2024 disposed of vide
order dated 07.05.2024. It is further submitted that pursuant to the
aforesaid orders, the Government has already extended such benefits
to similar situated candidates.
5. Learned counsel for the State on the other hand contended that
the Petitioner has not approached the competent authority before
approaching this Court. Therefore, he further contended that in the
event the Petitioner be directed to approach the competent authority
by filing a detailed representation with a further direction to the
competent authority to consider the same in accordance with law
within a stipulated period of time, then he will have no objection to
the same.
6. Considering such submission made by the learned counsels
appearing for the respective parties and upon a careful examination
of the writ petition as well as the documents annexed to the writ
petition, this Court deems it proper to dispose of the writ application
at the stage of admission by granting liberty to the Petitioner to
approach the Opposite Party No.2 by filing a detailed representation
along with supporting documents and any judgments in support of his
contention along with a certified copy of this order within a period of
three weeks from today. In such eventuality, the Opposite Party No.2
shall consider the representation of the Petitioner strictly in
accordance with law and dispose of within a period of eight weeks
from the date of receipt of a copy of the representation. The final
decision so taken be communicated to the Petitioner within ten days
from the date of taking such a decision.
7. With the aforesaid observation and direction, this writ petition
stands disposed of.
( Aditya Kumar Mohapatra)
Judge
Anil
Signed by: ANIL KUMAR SAHOO Page 3 of 3.
Designation: Junior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 10-Apr-2025 15:34:09
