IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.13927 of 2005 Minaketan Samantaray …. Petitioner Mr. S.K. Mishra,. Adv. -versus- CMD, OHPC and Others …. Opp. Parties Mr. D.P. Nanda, Sr. Adv. along with Mr. D. Nanda, Adv. (for O.P. Nos.1 & 2) COROM: THE HON’BLE MR.JUSTICE BIRAJA PRASANNA SATAPATHY Order No ORDER 22.06.2026 21. 1. This matter is taken up through Hybrid Mode. 2. Heard learned counsel appearing for the parties. 3. The present Writ Petition has been filed inter alia with the following prayer: In view of the facts and circumstances of the case, it is therefore prayed that this Hon’ble Court may graciously be pleased to issue Rule NISI calling upon the opposite parties to show cause as to why the order No.6671 dtd.17.12.2004 at Annexure-8 and order No.2172 dtd.04.04.2005 at Annexure-6 shall not be quashed. And further be pleased to issue necessary direction to Opp. party No.2 to give promotion to the Petitioner to the post of Senior Crane Operator with effect from 06.12.2002 i.e. the date of promotion of Sri Padma Charan Choudhury opposite party No.-3 to the post of Senior Crane Operator. And if the Opp. Parties fails to file show cause or so insufficient cause this Hon’ble Court be pleased to make the rule absolute and allow the Writ Petition with cost. And further be pleased to pass such other order/orders as this Hon’ble Court may deem fit and proper for granting complete and effective justice to the Petitioner. And for this act of kindness the Petitioner shall as in duty bound ever pray. 4. It is contended that even though Petitioner at the relevant point of time was eligible and entitled to get the benefit of promotion to the rank of TNE-7 grade, but he was not extended with the said benefit, on the face of his eligibility and seniority over Opp. party No.3. Accordingly, the present Writ Petition was filed with the prayer as made hereinabove. 5. Mr.D.P. Nanda, learned Sr. Counsel appearing for Opp. party Nos.1 & 2 on the other hand contended that question of seniority in between the Petitioner and Opp. party No.3 was settled with issuance of order dt.29.10.2001 under Annexure- D/2. At no point of time, such seniority of the Petitioner below Opp. party No.3, was ever assailed by the Petitioner. It is accordingly contended that since in the seniority list issued under Annexure-D/2, Opp. Party No.3 was placed above the Petitioner, taking into account the vacancy available at the relevant point of time, he was extended with the benefit of promotion to the rank of TNE-7. It is accordingly contended that no illegality or irregularity can be found with the impugned order. 5.1 It is also contended that after retirement of Opp. party No.3, Petitioner was extended with the benefit of promotion to the said rank. It is accordingly contended that challenge made to the Writ Petition is not sustainable in the eye of law. 6. Learned counsel appearing for the Petitioner also fairly contended that Petitioner has never assailed the order dt.29.10.2001 under Annexure-D/2. 7. Having heard learned counsel for the parties and considering the submission made and since it is not disputed that Petitioner is placed below Opp. Party no.3 in the seniority list published under Annexure-D/2 and no challenge was ever made to such seniority of the Petitioner vis-à-vis Opp. Party No.3 at any point of time, this Court finds no illegality or irregularity with the impugned order so issued under Annexures-6 & 8. Accordingly, this Court is not inclined to interfere with the orders at Annexures-6 & 8 and dismiss the Writ Petition. (Biraja Prasanna Satapathy) Judge sangita