p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK WA No.1519 of 2023 Kamala Kanta Mohalik …. Appellant Mr. Santosh Kumar Swain, Advocate -versus- State of Odisha and others …. Respondents Mr. Manmaya Kumar Dash, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SANJAY KUMAR MISHRA ORDER Order No. 24.06.2026 05. 1. This matter is taken up through hybrid mode. 2. Appellant in this writ appeal seeks to assail the order dated 03.02.2023 (Annexure-12) passed by this Court in WPC(OA) No.387 of 2012. The Appellant also prays for a direction to the Respondent Nos.1 and 2 to ante-date the promotion of Appellant to the rank of ABDO-cum-AO from the date on which Respondent No.3 has been promoted along with all consequential benefits. 3. Upon hearing learned counsel for the Appellant and on perusal of the record, it appears that WPC(OA) No.387 of 2012 was taken up for consideration on 3rd February, 2023 on which date, the Appellant (Petitioner in the writ petition) went unrepresented. Learned Single Judge holding that the Petitioner (Appellant herein) has challenged the gradation list after 13 years, held that the writ petition is not maintainable in the eye of law. p. 2 4. It is submitted by learned counsel for the Appellant that order No.9998/PR dated 5th August, 2005 issued by the Panchayati Raj Department, Government of Odisha under Annexure-13 was not available with the Appellant at the time of filing of Original Application before the Odisha Administrative Tribunal. It was also not within his knowledge. Only after disposal of the WPC(OA), the Petitioner came to know about the said order under Annexure-13. Had it been taken into consideration by the Writ Court, the impugned order would have been different. 5. Mr. Dash, learned Additional Standing Counsel appearing for the Respondents submits that a writ appeal is not maintainable as the Appellant claims benefit relying upon a document which was not available on the case record at the time of consideration of the writ petition. 6. In view of the submissions made by learned counsel for the parties, we are not inclined to entertain the writ appeal. 6.1. Accordingly, the writ appeal is disposed of with an observation that the Appellant may workout his remedy in accordance with law. (K.R. Mohapatra) Judge (S.K. Mishra) Judge Kanhu Designation: Junior Stenographer Location: High Court of Orissa, Cuttack.