Orissa High Court
Pramod Krushna Soren vs State Of Orissa And Others ..... ... on 9 April, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.30076 of 2024
Pramod Krushna Soren ..... Petitioner
Represented By Adv. -
Mr. Rama Chandra Jena
-versus-
State Of Orissa and others ..... Opposite Parties
Represented By Adv. -
Mr. U.C. Jena, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
09.04.2025
Order No.
04. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as learned
Additional Standing 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:
"The petitioner, therefore, prays that Your
Lordship's may graciously be pleased to admit the
writ application, call for the records and after
hearing the parties, allow the same and issue a
writ in the nature of Certiorari/Mandamus or
further writs/directions directing quashing of the
D.P.C. dated 14.09.2023 and quash the order of
promotion dated 26.12.2023 and 31.08.2024 of
the opp. parties no.4 to 7 and others in the
gradation list to the post of Revenue Supervisor
from R.I. at Annexure-3 series and at the same
time direct the opp. party no.2-Collector,
Balasore to give promotion to the petitioner to the
post of Revenue Supervisor by preparing
promotion list as per final gradation list dated
01,01.2023 from retrospective effect with all
consequential service benefit for the interest of
justice.
And pass any other order(s), direction (s) as
this Hon'ble Court may deems fit and proper."
4. It is stated by learned counsel for the Petitioner that being
aggrieved by the conduct of the Opposite Parties in not giving
promotion to the Petitioner whereas at the same time giving
promotion to the juniors to the Petitioner who are Opposite Party
Nos.4 to 7 to the present writ application against Unreserved
vacancies in the post of Revenue Inspector ignoring the just claim of
the Petitioner, who belongs to the Reserved category, the Petitioner
has approached this Court by filing the present writ application.
5. Learned counsel for the Petitioner, at the outset, contended that
the issue involved in the present writ application was directly and
substantially an issue before this Court in Lalit Kumar Nayak v.
State of Odisha and Others in W.P.(C) No.12516 of 2020. He
further contended that a Coordinate Bench after hearing all parties
concerned vide judgment dated 24.07.2024 disposed of the above
noted writ application with a direction to the Opposite Parties to re-
evaluate their promotion policies and promulgate appropriate rules to
ensure the advancement of meritorious candidates, irrespective of
their reservation status.
6. Learned counsel for the State, on the other hand, contended
that although he has no instruction in the matter. However, he further
contended that the Petitioner has approached this Court directly
without approaching the Opposite Parties first for redressal of his
grievance.
7. In reply, learned counsel for the Petitioner contended that
although the Petitioner has approached the Opposite Party No.2 by
filing a representation on 13.08.2024 under Annexure-6 Series,
however, no decision has been taken on the same by the Opposite
Party No.2 to the writ application.
8. Considering the submissions made by the learned counsels
appearing for the respective parties, on a careful examination of the
background facts as well as materials on record, further keeping in
view the fact that a similar issue has already been decided by a
Coordinate Bench of this Court in Lalit Kumar Nayak's case (supra),
this Court deems it proper to dispose of the writ application by
granting liberty to the petitioner to approach the Opposite Party No.2
by filing a fresh detailed representation taking therein all the grounds
along with all supporting documents within a period of three weeks
from today. In such eventuality, the Opposite Party No.2 shall do
well to consider the representation of the Petitioner in accordance
with law and keeping in view the judgment of the Coordinate Bench
of this Court in Lalit Kumar Nayak's case, in the event the same has
attained finality, and dispose of the representation of the Petitioner
within a period of three months from the date of communication of a
certified copy of this order by the Petitioner. It is needless to mention
here that the representation of the Petitioner shall be considered and
disposed of by passing a speaking and reasoned order within the
aforesaid time. The final decision so taken by the Opposite Party
No.2 be also communicated to the Petitioner within ten days from the
date of taking such a decision.
9. 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
Debasis
