Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 13437 of 2024 Biswajit Singh ..... Petitioner Mr. G.R. Sethi, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. A. Tripathy, AGA CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 13.03.2026 Order No. 04 1. This matter is taken up through hybrid mode. 2. Heard Mr. G.R. Sethi, learned counsel appearing for the Petitioner and Mr. A. Tripathy, learned Addl. Govt. Advocate appearing for the Opp. Parties. 3. The Petitioner has filed the present writ petition 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.14.5.2024 under Annexure-9. ii) To direct the Opp. Parties to promote the petitioner to the post of Executive Engineer from the date when the juniors have got promotion by Review convening special/Review DPC as he will he retire from service on 31.05.2024 on attaining the age of superannuation. iii) To direct the opposite Parties to grant all financial and other consequential service benefits flowing from the date of promotion as Executive Engineers. Page 2 of 3. And pass such other order/orders as may be deemed fit and proper for the interest of justice. And for this act of kindness, the petitioner as in duty bound shall ever pray.” 4. It is contended that even though claiming retrospective promotion from the date his juniors were so given promotion to the rank of Executive Engineer, Petitioner moved the concerned authority, but his claim was rejected vide Annexure-9. Accordingly, the present writ petition has been filed with the above said prayer. 5. In the counter filed by the Opp. Party No. 1 a stand has been taken that the Petitioner’s claim for promotion to the rank of Executive Engineer in the DPC held on 06.05.2023 could not be considered due to non-availability of CCR/PARs. It is further contended that again Petitioner’s claim was not considered for promotion to the post of Executive Engineer in the DPC held on 15.03.2024, but some juniors have been promoted vide order dtd.30.03.2024. 6. Mr. Sethi, learned counsel for the Petitioner contended that while conducting the DPC on 15.03.2024 though the Petitioner was eligible for his promotion to the rank of Executive Engineer, but his case was not considered due to non-availability of CCR/PARs. It is contended that non-availability of CCR/PARs has nothing to do with the Petitioner and it is the responsibility of the employer to produce the same. Since on that ground only claim of the Petitioner was not considered, the said action of the Opp. Parties is not sustainable in the eye of law. 7. Having heard learned counsel appearing for the Parties and taking into account the grievance raised in the writ petition, this Court while disposing the writ petition, directs the Opp. Party No. 1 to convene a review DPC and consider the case of the Petitioner for his promotion Page 3 of 3. to the rank of Executive Engineer by making available the CCRs/PARs from the date his juniors were given promotion in terms of the DPC held on 06.05.2023 and 15.03.2024 vide notification dtd.15.12.2023 and 30.03.2024 under Annexure-2 & 7 respectively. On such reconsideration if it is found that the Petitioner is otherwise eligible for promotion to the rank of Executive Engineer from the date his juniors were given such promotion, he be given benefit of such promotion, but on notional basis as Petitioner in the meantime has already retired since 31.05.2024. 7.1. This Court directs Opp. Party No. 1 to complete the entire exercise within a period of 4 (four) months from the date of receipt of this order. Petitioner if is extended with the benefit of promotion, his pensionary benefits be revised accordingly. 8. The writ petition is accordingly disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Sneha