Page 1 of 5. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.41917 of 2023 Sasmita Parida ..... Petitioner Mr. M.K. Khunta, Advocate -versus- State of Odisha &Ors. ..... Opposite Parties Mr. C.K. Pradhan, AGA CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 31.03.2026 Order No.17 1. This matter is taken up through hybrid mode. 2. Heard Mr. M.K. Khuntia, learned counsel appearing for the Petitioner and Mr. C.K. Pradhan, learned Addl. Govt. Advocate appearing for the Opp. Parties. 3. The present writ petition has been filed inter alia with the following prayer:- “It is therefore humbly prayed that this Hon'ble Court may graciously be pleased to admit the case, call for the records and after hearing both the parties pass the following reliefs; i) To quash the order dtd.16.12.2023 under Annexure- 6. ii) To declare the petitioner is eligible for ASI course of training. To direct the Opp. Parties to treat the petitioner as a constable w.e.f. 23.12.2006 for the purpose of counting seven years towards service experience in order to be eligible for promotion to the rank of ASI of police. And pass such other order/orders as may be deemed fit and proper for the interest of justice. Page 2 of 5. And for this act of kindness, the petitioner as in duty bound shall ever pray.” 4. It is contended that Petitioner entered into service as a Constable, where she joined on 23.12.2006. While continuing as a Constable as such, in terms of the provisions contained under PMR 660, Petitioner became eligible to get the benefit of promotion to the rank of ASI as by the date the written examination was held on 06.12.2020, she had the requisite 7 years of service, after the period spent under training. 4.1. It is contended that taking into account the provisions contained under PMR 660 (a)(i), Petitioner though was allowed to take the written examination so held on 06.12.2020, but subsequently was held disqualified on the ground that she does not have the required 7 years experience as she joined and transferred to Cuttack UPD on 06.05.2016, basing on the order passed on 20.04.2016. 4.2. Learned counsel appearing for the Petitioner contended that since Petitioner’s initial date of joining in service as a Constable is 23.12.2006, in view of the provisions contained under PMR 660(a)(i), Petitioner was rightly allowed to take the written examination to get the benefit of promotion to the rank of ASI. However, by taking her date of initial appointment as 06.05.2016 in Cuttack UPD, Petitioner was held disqualified vide the impugned order dtd.04.11.2023 so issued under Annexure-6. It is accordingly contended that disqualification of the candidature of the Petitioner so reflected in the impugned order dtd.16.12.2023 under Annexure- 6 requires interference of this Court. Page 3 of 5. 5. Mr. C.K. Pradhan, learned Addl. Govt. Advocate on the other hand basing on the stand taken in the counter affidavit so filed by Opp. Party Nos. 1 & 2, contended that Petitioner after her joining as a Constable on 23.12.2006 so reflected in Annexure-1, made a request for her transfer to Cuttack UPD. While making such a request, Petitioner also furnished an undertaking to the effect that she will not claim seniority in the rank of Constable in Cuttack UPD. In view of such undertaking given by the Petitioner, she was transferred to Cuttack UPD vide order dtd.20.04.2016, where she joined on 06.05.2016, 5.1. It is contended that since Petitioner was transferred basing on an undertaking given by her to the effect that she will not claim seniority in the rank of Constable in Cuttack UPD and her initial date of joining in Cuttack UPD was taken as 06.05.2016, in terms of the provisions contained under PMR 660(a)(i), Petitioner was treated disqualified, even though she was allowed to take the written examination so held on 06.12.2020, vide the impugned order dtd.16.12.2023 under Annexure-6. 5.2. It is accordingly contended that since Petitioner on her own forgo her seniority in the rank of Constable and agreed for her transfer to Cuttack UPD with an undertaking that she will not claim seniority in the rank of Constable in Cuttack UPD and by the time the written examination was held on 06.12.2020, for the purpose of her promotion to the rank of ASI, she had not the requisite 7 years of service in the rank of Constable in Cuttack UPD, she was held disqualified vide the impugned order dtd.16.12.2023 under Page 4 of 5. Annexure-6. The undertaking so furnished by the Petitioner so produced by the learned AGA, reads as follows:- “11. I hereby undertake that on the event my absorption in the new cadre, I will lose my seniority in the old-cadre and my seniority in new cadre will be counted from the date of my joining in the new cadre. Qualifying service required for promotion to the rank of Lance Naik, Havildar, ASI will be counted from the date of joining the new cadre and any test I have passed in the old cadre won't be counted for promotion to the rank of Lance Naik, Havildar, ASI in the new. cadre.” 5.3. It is accordingly contended that since Petitioner on her own was transferred to Cuttack UPD and she agreed to forgo her seniority in the rank of Constable, her initial date of joining cannot be taken as 23.12.2006 so reflected in Annexure-1 and the same has been rightly taken as 06.05.2016. It is accordingly contended that no illegality or irregularity can be found with the impugned order. 6. Learned counsel appearing for the Petitioner to the submission made by the learned AGA, made further submission contending inter alia that since Petitioner’s initial date of joining as a Constable is 23.12.2006, the ground on which Petitioner’s claim has been rejected and she has been held disqualified, is not sustainable in view of the Police circular issued under Annexure-7. 7. Having heard learned counsel appearing for the Parties and considering the submission made, this Court finds that Petitioner entered into service as a Constable, where she joined on 23.12.2006. However, while so continuing, Petitioner on her own made an application for her transfer to Cuttack UPD with an undertaking that Page 5 of 5. she will not claim seniority in the rank of Constable on her joining in Cuttack UPD on 17.10.2015. Basing on such application and undertaking, Petitioner was transferred to Cuttack UPD vide order dtd.20.04.2016, where she joined on 06.05.2016. 7.1. Since Petitioner on her own and by furnishing an undertaking, joined in Cuttack UPD as Constable with her date of joining as 06.05.2016, it is the view of this Court that as on 06.12.2020 when the written examination was held for the year 2020 for promotion to the rank of ASI of Police, Petitioner does not have the required 7 years of experience in the rank of Constable in Cuttack UPD. There is also no document available in the record, showing any Constable joined in Cuttack UPD after 06.05.2016 has been sent to undergo the training after qualifying the examination so held on 06.12.2020. 7.2. In view of the aforesaid analysis, this Court finds no illegality or irregularity with the impugned order dtd.16.12.2023 and is not inclined to interfere with the same and dismiss the writ petition. (BIRAJA PRASANNA SATAPATHY) Judge Sneha