Orissa High Court
Saroj Kumar Behera vs State Of Odisha And Others ..... ... on 8 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.9746 of 2025
Saroj Kumar Behera ..... Petitioner
Represented By Adv. -
Amiya Kumar Chhatoi
-versus-
State Of Odisha and others ..... Opposite Parties
Mr. S.K. Parhi, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
08.04.2025
Order No.
01. 1. This matter is taken up through Hybrid mode.
2. Heard learned counsel for the Petitioner as well as learned
counsel for the State-Opposite Parties. Perused the writ application as
well as the documents annexed thereto.
3. The Petitioner has filed the present writ application with the
following prayer:
"In view of the facts stated above the
Petitioner prays that this Hon'ble Court may
graciously be pleased to issue a writ in the
nature of writ of Mandamus directing the Opp.
Party No.2 & 3 to consider the case of the
petitioner for promotion to the post of Assistant
Sub-Inspector of Excise against existing
Unreserved vacancies retrospectively from the
date private Opp.Party No.5 got such promotion
as per order dated 04.05.2023 under Annexure-6
in terms of the statutory rules under annexure-12
& the instructions issued by the Government
under Annexure-13 & 14 series as well as
judgment passed by this Hon'ble Court in case of
Lalit Kumar Nayak-Vs- State of Odisha & Ors.
And the Hon'ble Court further be pleased to
direct the Opp. Parties to sanction & disburse all
consequential benefits in favour of the petitioner
within a time stipulated by the Hon'ble Court.
And for which act of your kindness the
Petitioner as in duty bound shall ever pray.
And further be pleased to issue pass any other
order/orders as the Hon'ble Court deems fit and
proper."
4. It is stated by learned counsel for the Petitioner that although
the Petitioner is eligible to be promoted to the post of Assistant Sub-
Inspector (Excise), however, his case has not been duly considered
by the Opposite Parties. Being aggrieved by such conduct of the
Opposite Parties, the Petitioner has approached this Court by filing
the present writ petition.
5. Learned counsel for the State on the other hand contended that
the Petitioner has not approached the Opposite Parties before
approaching this Court. In such view of the matter, learned counsel
for the State submitted that the Petitioner be directed to approach the
Opposite Party No.3 by filing a detailed representation taking therein
all the grounds along with all supporting documents with a
corresponding direction to Opposite Party No.3 to consider the same
in accordance with law as expeditiously as possible.
6. Considering the submissions made by the learned counsels
appearing for the respective parties, on a careful examination of the
background facts, further keeping in view the limited nature of
grievance of the Petitioner in the writ petitioner, the present writ
petition is disposed of by granting liberty to the Petitioner to
approach the Opposite Party No.3 by filing a detailed representation
taking therein all the grounds along with all supporting documents
within two weeks from today. In such eventuality, the Opposite Party
No.3 shall do well to consider the same in accordance with law and
dispose of the representation by passing a speaking and reasoned
order within a period of eight weeks from the date of presentation of
the representation by the Petitioner. The final decision so taken by
the Opposite Party No.3 be also communicated to the Petitioner
within ten days thereafter. While considering the representation of
the Petitioner, the Opposite Party No.3 shall do well to take into
consideration the documents under Annexure-3, 9, 12, 13 series, 14
& 16 to the writ petition.
7. With the aforesaid observations/directions, the writ application
stands disposed of.
Issue urgent certified copy of this order as per Rules.
( Aditya Kumar Mohapatra )
Judge
S.K. Rout
Reason: Authentication Page 3 of 3.
Location: High Court of Orissa, Cuttack
Date: 08-Apr-2025 18:57:27
