Orissa High Court
) Bijaya Kumar Mallik vs ) State Of Odisha ..... Opposite Parties on 28 January, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.898 of 2025
1) Bijaya Kumar Mallik ..... Petitioners
2) Rabindra Nag Represented By Adv. -
3) Sanatan Naik Subhasree Mohanty
-versus-
1) State Of Odisha ..... Opposite Parties
2) Dg And Ig Of Police, Odisha Represented By Adv. -
3) Ig Of Police(personnel) , Odisha Ms.Babita Kumari
4) Superintendent Of Police Sahoo, AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
Order No.
ORDER
28.01.2025
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual/ Physical Mode).
2. Heard learned counsel for the Petitioners as well as the
learned Additional Standing Counsel appearing for the State.
Perused the Writ Petition as well as the documents annexed
thereto.
3. The Petitioner has filed the present Writ Petition with the
following prayer :
"It is therefore, humbly prayed that this
Hon'ble Court may graciously be pleased to
admit this Writ Petition, call for the records and,
after hearing the parties, may be pleased to
allow this Writ Petition;
AND
a) The Opp.Parties may be directed to
include the names of the Petitioners in the
Redrawn select list dated 19.09.2022 under
Annexure-6 as their names were found place in
the previous Select list dated 30.08.2022 under
Annexure-2;
b) The Opp.Parties be directed to send
the Petitioners to ASI Course of Training and
grant them promotion to the rank of A.S.I. of
Police and
c) Such other order/ orders/ direction/
directions, as may be deem fit and proper in the
interest of justice, may kindly be passed in giving
complete relief to the Petitioners;"
4. It is stated by the learned counsel for the Petitioners that
the Petitioners being found qualified and suitable for the post
of Constable were duly selected and appointed in the year
2011 in Balangir Police District. Thereafter, in the year 2020
the Petitioners appeared in the Departmental Written
Examination for promotion to the rank of Assistant Sub-
Inspector of Police and the Petitioners were duly selected for
promotion. While the matter stood thus on 30.08.2022 the
Petitioners were declared qualified in the aforesaid
examination and their names found place at sl.no.2602, 2626
and 2605 respectively in the Redrawn select list dated
30.08.2022. Accordingly, they were asked to undergo A.S.I.
course of Training.
5. On 30.03.2022 the State Government issued an order
creating 304 temporary (Ex-Cadre) posts in the rank of
Constable for continuance of some of the regularly recruited
Constables whose names could not find place in the redrawn
select list for the year 2011. Pursuant to the order dated
30.03.2022 the Petitioners were declared as Ex-cadre
Constables along with 301 other similarly placed Constables.
The select list dated 30.08.2022 was revised on 19.09.2022
thereby excluding several qualified Constables including the
Petitioners were from the select list as they were declared Ex-
cadre pursuant to order dated 30.03.2022.
6. Being aggrieved by such conduct of the Government in
declaring the Petitioners as Ex-cadre the Petitioners along with
others have approached this Court by filing W.P.(C) No.10197
of 2022. A Coordinate Bench of this Court vide order dated
05.12.2024 in a batch of writ petition allowed he Writ Petition
by holding that the decision of the Government to declare the
Petitioners and other similarly situated persons as Ex-cadre
Constables is illegal. However, while disposing of the Writ
Petition, the coordinate Bench of this Court directed the
Government to consider the case of the Petitioners for their
regular appointment and providing consequential service
benefits and quashed the impugned order Annexures-3 & 4.
7. Referring to the aforesaid judgment of the coordinate
Bench, learned counsel for the Petitioners contended that the
present Petitioners and similarly situated persons are no more
ex-cadre Constable as has been decided by the State
Government under Annexurre-3 as the said order has already
been quashed by the coordinate bench. He further contended
that the Petitioners, who are Constables, belong to regular
cadre and are eligible to be promoted to the post of A.S.I. and
that they have been duly selected for such promotion in the
recruitment test that had taken place earlier in the year 2020-
2022 and pursuant to the select list dated 30.08.2022. At this
juncture, learned counsel for the Petitioners further contended
that although the order putting the Petitioners in Ex-cadre post
has been quashed by coordinate Bench of this court, the
Opposite Parties have not considered the case of the
Petitioners for promotion to the post of A.S.I. pursuant to the
select list dated 30.08.2022. Being aggrieved by such conduct
of the Opposite Parties, the Petitioners have approached this
Court by filing the present Writ Petition.
8. Learned Additional Standing Counsel appearing for the
State on the other hand contended that the Petitioners have
not approached the Opposite Parties before approaching this
Court by filing the present Writ Petition. Learned Additional
Standing Counsel contended that the present Writ Petition is
not maintainable and accordingly she further contended that
the Petitioners be directed to approach the Opposite Parties
first before approaching this court in the present case.
9. Having heard learned counsels for the respective parties,
after careful examination of the materials on record, further
keeping in view the background facts of the present case,
particularly the judgment of the coordinate Bench dated
05.12.2024 in a batch of Writ Petition under Annexure-7 to the
Writ Petition, the Writ Petition is disposed of by granting liberty
to the Petitioners to approach the Opposite Party Nos. 2 & 3
by filing a fresh representation taking therein all the grounds
available to them along with all supporting documents within
two weeks from today. In such eventuality, the Opposite Party
Nos. 2 &3 shall do well to consider the representation strictly
in accordance with law and further keeping in view the
judgment of this Court under Annexure-7 and dispose of the
representation by passing a speaking and reasoned order
within six weeks from the date of receipt of the representation.
Final decision so taken be communicated to the Petitioners
within two weeks from the date of taking such decision. It is
further directed that in the event any process has commended
in giving promotion to the rank of A.S.I., the same shall be
finalised only after disposing of the representation of the
Petitioners.
10. With the aforesaid observation and direction the Writ
Petitioner stands disposed of.
( Aditya Kumar Mohapatra)
RKS Judge
Location: High Court of Orissa
