Orissa High Court
Gopal Chandra Nayak vs State Of Odisha And Another ..... ... on 27 March, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.8482 of 2025
Gopal Chandra Nayak ..... Petitioner
Represented By Adv. -
Sameer Kumar Das
-versus-
State Of Odisha and another ..... Opposite Parties
Mr. M.R. Mohanty,
AGA
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
27.03.2025
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:
"Under the above circumstances it is therefore
humbly prayed that the Hon'ble Court be
graciously pleased to direct the Opposite Party
No.1 to promote the petitioner to the post of
Superintending Engineer from 31.05.2021 and
Addl. Chief Engineer from 01.08.2023 i.e. from
the date his immediate juniors like Sri Guru
Charan Das and other got such promotions and
to grant him all consequential service and
financial benefits within a stipulated period as
deem fit and proper,
And/or issue any other appropriate writ/writs,
order/orders, direction/directions as deem fit and
proper in the fitness of the case;"
4. It is stated by learned counsel for the Petitioner that initially
the Petitioner joined as a Stipendiary Engineer in the H & UD
Department, Government of Odisha in the year 1993. Finally,
pursuant to a decision of the Government, the petitioner was
absorbed as Asst. Engineer on ad-hoc basis w.e.f. 11.12.1998.
Finally, the service of the Petitioner was regularized w.e.f.
15.02.2003. While working as such, the Petitioner got promotion to
the post of Asst. Engineer from December, 1998. Subsequently, he
was further promoted to the post of Asst. Executive Engineer and
Deputy Engineer in the year 2014 under Annexure-1 to the writ
petition.
5. Learned counsel for the Petitioner further contended that while
working as such the Petitioner was entangled in a vigilance case
pursuant to the Panchayati Raj Department O.M. dated 30.08.2011.
While the criminal proceeding was pending, a DP was instituted
against the present Petitioner vide Memo dated 04.07.2017 which
was registered as CDI Case No.35 of 2020. While the matter stood
thus, the Government of Odisha vide G.A. & P.G. Department
circular dated 17.06.2021directed that ad-hoc promotion can be given
to an employee if the departmental proceeding could not be disposed
of within two years from the date of institution. Learned counsel for
the Petitioner referring to the aforesaid circular under Annexure-3 to
the writ petition dated 17.06.2021, contended that since two years
have lapsed from the date of institution of the disciplinary
proceeding, the Petitioner is eligible to be promoted on ad-hoc basis
to the next higher rank along with his batchmates. He further
contended that in the meantime the inquiry report was submitted by
the CDI on 08.10.2024, thereby exonerating the Petitioner from the
charges leveled against him under Annexure-4 to the writ petition.
Finally, learned counsel for the Petitioner contended that the
Petitioner is going to retire from service on attaining the age of
superannuation w.e.f. 31.07.2025.
6. In course of his argument, learned counsel for the Petitioner
further contended that the immediate juniors to the Petitioner, namely
one Guru Charan Das and others have been given promotion to the
post of Superintending Engineer vide government notification dated
31.05.2021 under Annexure-5 to the writ petition. However, while
considering the case of the juniors for promotion to the post of
Superintending Engineer, the Opposite Parties have not considered
the case of the Petitioner. Being aggrieved by such inaction by the
Opposite Parties, the Petitioner has approached this Court by filing
the present writ petition. He further contended that, challenging the
aforesaid illegality, although the Petitioner approached the Opposite
Parties by filing a representation on 12.11.2024 under Annexure-7 to
the writ petition, however no decision has been taken on such
representation. He also referred to the judgment of this Court in
Sushama Barik v. State of Odisha in W.P.(C) No.21795 of
2021disposed of on 03.08.2021 as well as a judgment by the Division
Bench of this Court in State of Odisha and others v. Ashok Kumar
Hota and another in W.P.(C) No.18500 of 2015 disposed of on
06.05.2022.
7. Learned counsel for the State on the other hand contended that
although he does not have any instruction in the matter, however
considering the pleadings in the writ petition, it appears that the
representation of the Petitioner dated 12.11.2024 under Annexure-7
is pending before the Opposite Parties. In such view of the matter,
learned counsel for the State contended that in the event this Court
directs the Opposite Party No.1 to consider and dispose of the
representation of the Petitioner in the light of the judgments referred
to hereinabove, within a stipulated period of time, he will have no
objection to the same.
8. Considering the submissions made by the learned counsels
appearing for the respective parties, on a careful analysis of their
submission and on a close scrutiny of the documents annexed to the
writ petition, this Court deems it proper to dispose of the writ petition
at the stage of admission by directing the Opposite Party No.1 to
consider the representation of the Petitioner under Annexure-7 to the
writ petition, taking into consideration the circular of the G.A. & P.G.
Department, Government of Odisha dated 17.06.2021 as well as the
judgments referred to hereinabove within a period of six weeks from
the date of communication of a certified copy of this order. In the
event the Opposite Parties come to a conclusion that the case of the
Petitioner is covered under the above noted circular and the law laid
down by this Court in the aforesaid judgments, then necessary follow
up action be taken to convene the review DPC to consider the case of
the Petitioner as expeditiously as possible, within six weeks from the
date of taking such decision. The representation of the Petitioner
shall be disposed of by passing a speaking and reasoned order. The
final decision so taken be communicated to the Petitioner within ten
days thereafter.
9. 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
Signed by: SANTANU KUMAR ROUT Page 5 of 5.
Location: High Court of Orissa, Cuttack
Date: 28-Mar-2025 18:35:11
