Dr. Madan Mohan Beura vs State Of Odisha & Others
2025 Latest Caselaw 3024 Ori

Orissa High Court

Dr. Madan Mohan Beura vs State Of Odisha & Others on 28 January, 2025

Author: Biraja Prasanna Satapathy

Bench: Biraja Prasanna Satapathy

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                        W.P.(C) No.36839 of 2022
        Dr. Madan Mohan Beura
                                         ....                         Petitioner
                                                 Mr. A.K. Mohanty (A), Advocate
                                      -versus-

        State of Odisha & Others
                                         ....                  Opposite Parties
                                                        Mr. C.K. Pradhan, AGA

                              CORAM:
               JUSTICE BIRAJA PRASANNA SATAPATHY
                                 ORDER

28.01.2025 Order No.

10. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

2. Heard learned counsel appearing for the Parties.

3. The present Writ Petition has been filed by the Petitioner inter alia challenging order dtd.12.07.2019 so passed by Opposite Party No.1-Govt. under Anexure-3. Vide the said order, challenge made to the action of the Opposite Parties in deducting five years towards Career Advancement Scheme (CAS) for placement of the Petitioner to Senior Lecturer and Reader Scale was rejected.

4. Learned counsel appearing for the Petitioner contended that the ground on which claim of the Petitioner was rejected is no more sustainable in view of // 2 //

the judgments passed by this Court on 17.05.2024 in W.P.(C) No.16151 of 2019 (Dr. Ashok Kumar Mahanty & Others vs. State of Odisha and Another), so followed by another decision rendered vide judgment dtd.26.07.2024 in W.P.(C) No.5897 of 2004 (Bidyutananda Bastia vs. State of Odisha & Others).

4.1. It is contended that in view of the two judgments governing the field, the impugned order is not sustainable in the eye of law and the matter be remitted to Opposite Party No.1 to take a fresh decision on the claim of the Petitioner in the light of the aforesaid two judgments.

5. Mr. C.K. Pradhan, learned Addl. Government Advocate for the State also fairly contended that the issue in question has been decided by this Court in the aforesaid two decisions of this Court.

6. Having heard learned counsel appearing for the Parties and considering the submissions made and placing reliance on the judgments passed by this Court on 17.05.2024 in W.P.(C) No.16151 of 2019 (Dr. Ashok Kumar Mahanty & Others vs. State of Odisha and Another), so followed by another decision of this Court in its judgment dtd.26.07.2024 in W.P.(C) No.5897 of 2004, this Court is inclined to quash order dtd.12.07.2019 so passed by Opposite Party No.1-Govt. under Anexure-3. While quashing the said order, this Court remits the matter to Opposite Party No.1 to take a fresh decision on

// 3 //

the claim of the Petitioner in the light of the judgments so cited (supra). Such a fresh decisions as directed be taken within period of three (3) months from the date of receipt of this order with due communication to the Petitioner.

7. Accordingly, the Writ Petition stands disposed of.

(Biraja Prasanna Satapathy) Judge

Subrat

Designation: Personal Assistant

Location: HIGH COURT OF ORISSA, CUTTACK