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2022 DAILYLAW 944 (ORI)

SUBRAT KUMAR BEHERA v. STATE OF ODISHA

WP(C)/25044/2022 · 2026-03-25

Biraja Prasanna Satapathy

Writ Petition (Civil)body2022

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.25044 of 2022 Subrat Kumar Behera …. Petitioner Mr. M.K. Khuntia, Advocate -versus- State of Odisha & Ors. …. Opposite Parties Mr. C.K. Pradhan, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 25.03.2026 05. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel appearing for the Parties. 3. Even though the present Writ Petition has been filed inter alia challenging order dtd.17.06.2022 so passed by Opposite Party No.1 under Annexure-7, wherein claim of the Petitioner for consideration of his claim to get the benefit of promotion as against DPC held in the year 2020 was rejected, but Mr. M.K. Khuntia, learned counsel appearing for the Petitioner fairly contended that, taking into account the ground of rejection, Petitioner has become eligible to get the benefit of promotion w.e.f. 17.01.2021. 4. It is also fairly contended that Petitioner in the meantime though has got the benefit of promotion to the rank of DSP on 17.05.2023, but in view of the nature of rejection available under Annexure-7, Petitioner’s claim is required to be considered as against any DPC held after 17.01.2021 and prior to getting the benefit of promotion on 17.05.2023. 4.1. It is accordingly contended that Writ Petition be disposed of by directing Opposite Party No.1 to consider the claim of the Petitioner to get the benefit of promotion to the rank of DSP, as against any DPC held after 17.01.2021 if any by conducting a review DPC of the DPC in question. 5. Learned Addl. Government Advocate for the State has no serious objection to the course of action proposed. 6. Having heard learned counsel appearing for the Parties, considering the submissions made and the fact that Petitioner does not intend to challenge the impugned order, Petitioner’s claim for promotion to the rank of DSP be considered as against any DPC held after 17.01.2021, if any. This Court accordingly while disposing the Writ Petition directs Opposite Party No.1 to consider the claim of the Petitioner by conducting a review DPC of the DPC held after 17.01.2021, if any, but before Petitioner got the benefit on 17.05.2023. This Court directs Opposite Party No.1 to do the needful within a period of four (4) months from the date of receipt of this order. 7. Accordingly, the Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Judge Subrat