IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.35413 of 2025 Surendra Kumar Jena …. Petitioner Mr. A. Rout, Advocate -versus- State of Odisha and Others …. Opposite Parties Mr. A. Tripathy, AGA CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 02.02.2026 04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode. 2. Heard learned counsel for the parties. 3. Though Notification dated 26.02.2024 under Annexure-3 is under challenge but in course of hearing, it is fairly contended that petitioner does not intend to challenge the said order as by the time private Opp. Party No.5 got the benefit of promotion vide Notification under Annexure-3, petitioner was not otherwise eligible to get such benefit. 3.1. It is however contended that petitioner in the meantime has become eligible to get the benefit of promotion and since he is going to retire on p. 2 p. 2 31.05.2026, his case be considered prior to his retirement. 4. Learned Addl. Govt. Advocate on the other hand contended that since petitioner was not eligible to get the benefit so admitted by the time private Opp. Party No.5 got the said benefit, no illegality or irregularity can be found with the impugned order. 5. Having heard learned counsel for the parties and considering the submissions made, this Court while disposing the Writ Petition, permits the petitioner to move Opp. Party No.1 for consideration of his grievance to get the benefit of promotion. It is observed that if any such application will be moved before Opp. Party No.1 within a period of 2 (two) weeks from today, Opp. Party No.1 shall take a lawful decision on the same within a period of 6 (six) weeks from the date of receipt of such application. 6. The Writ Petition stands disposed of. (Biraja Prasanna Satapathy) Judge Basudev