Rajesh Kumar Das vs State Of Odisha & Others .... Opp. ...
2025 Latest Caselaw 2846 Ori

Orissa High Court

Rajesh Kumar Das vs State Of Odisha & Others .... Opp. ... on 22 January, 2025

Author: M.S. Sahoo

Bench: M.S. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                         W.P.(C) No.895 of 2025

            Rajesh Kumar Das                ....       Petitioner

                                     Ms. S. Mohanty, Advocate

                                 -versus-

            State of Odisha & others        ....    Opp. Parties

                                       Ms. S. Moharana, ASC

                                CORAM:
                            JUSTICE M.S. SAHOO
                                  ORDER

22.01.2025 (Hybrid Mode) Order No.

01. 1. Heard learned counsel for the petitioner.

She submits that the petitioner belonging to the

un-reserved category, while continuing as a Constable

as per his service seniority in the rank of Constable

was selected as per the provisions of Rule 5(3) of

Odisha Police Service (Method of Recruitment and

Conditions of Service of Assistant Sub-Inspector) Order

2020, to undergo training of Assistant Sub-Inspector

(ASI), as would be evident from the Annexure-2 i.e.

Odisha Police State Headquarters office order dated

14.12.2020, the petitioner being at serial no.2240.

2. It is submitted in a related development, a

coordinate Bench of this Court by judgment dated

05.12.2024, in W.P.(C) No.10197 of 2022 and the

batch of cases disposed of has set aside the order

dated 30th March, 2022 issued by the Government of

Odisha, Home Department to implement the orders of

this Court dated 02.05.2018 passed in RVWPET

Nos.48, 49, 50 and 51 of 2018 arising out of order

dated 19.01.2018 passed in W.P.(C) No.28493 of 2013

and batch of cases. By the said order dated 30.03.2022

the Government had issued orders making the

petitioner and similarly situated constables ex-cadre.

3. It is further submitted that after the orders dated

30.03.2022 of the Government of Odisha, Home

Department (Annexure-3) and the Odisha Police State

Headquarters order dated 02.04.2022 (Annexure-4)

were set aside by the judgment of this Court dated

05.12.2024 (supra), the petitioner legitimately expects

that he shall be sent for training of ASI.

4. The learned ASC in response submits that the

petitioner was not one of the petitioners in the writ

petition W.P.(C) No.10197 of 2022 and batch of cases

but fairly states that the order of the Government of

Odisha, Home Department (Annexure-3) and order of

the Odisha State Police Headquarters (Annexure-4)

were set aside by the judgment of this Court dated

05.12.2024 as indicated above.

5. Issue notice along with this order.

The learned Additional Standing Counsel upon

advance copy being served appears on behalf of

opposite parties and waives notice. The learned ASC

seeks four weeks time to file counter. Accordingly,

counter be filed within four weeks upon serving copy

thereof on the learned counsel for the petitioner. The

petitioner shall have the liberty to file rejoinder.

6. List after pleadings are complete.

Liberty to mention.

7. Issue notice as above.

8. Learned counsel for the petitioner seeks time to

obtain further instruction regarding the schedule of

the training for the ASI.

As prayed for, list on 29th January, 2025.

The learned ASC shall also obtain instruction

regarding sending the petitioner for ASI training

without prejudice to the rights and contentions of the

parties to the writ petition.

(M.S. Sahoo) Judge

RJ