Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 20004 (ORI)

ASHOK KUMAR PATRA v. STATE OF ODISHA

WP(C)/6394/2025 · 2025-03-06

Aditya Kumar Mohapatra

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 4. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.6394 of 2025 Ashok Kumar Patra ..... Petitioner Represented By Adv. - Biswabihari Mohanty -versus- State Of Odisha and others ..... Opposite Parties Represented By Adv. – Mr. Samresh Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 06.03.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ petition as well as the documents annexed thereto. 3. The present writ petition has been filed by the Petitioner with the following prayers:- “Under the above circumstances, it is therefore humbly prayed that this Hon'ble Court may graciously be pleased to issue a writ in appropriate nature directing the respondents more particularly the Opp. Party No.l to convene the D.P.C. for the post of Principal Level-II in OGITS as against the vacancies substantively available as on 01.12.2024 by following OGITS Rules as was existing then in compliance of G.A & P.G. Department Resolution/instruction dated 10.01.2020 Page 2 of 4. read with the policy adopted for effecting promotion vide Letter No.7693 dated 23.08.2024 and promote the petitioner forthwith with all consequential service and financial benefits on considering of his representation under Anenexure-9 Series. And pass any other order/orders as this Hon'ble Court may deem fit and proper.” 4. It is submitted by learned counsel for the Petitioner that the Petitioner being aggrieved by the inaction of the Opposite Parties in non-convening of DPC for considering the case of the Petitioner for promotion, the Petitioner has approached this Court by filing the present writ petition. Further, referring to the final gradation list 02.07.2024 under Annexure-7, learned counsel for the Petitioner submitted that promotion has been given utpo Serial No.51 of such gradation list and the Petitioner’s name appears at Serial No.54 in the list. However, due to non-convening of DPC, the case of the Petitioner has not been considered for such promotion. Being aggrieved by such conduct of the Opposite Parties, the Petitioner had earlier approached the Opposite Party No.1 by filing a representations dated 24.02.2025 and 04.02.2025. However, no decision has been taken on such representations of the Petitioner as of now. 5. Learned counsel for the State, on the other hand, contended that the DPC can only be convened and promotion can only be given to the deserving employees only since there are limited available vacancies. He further Page 3 of 4. contended that that convening DPC and given promotion to the deserving employees is a routine exercise that is followed by all Government organizations pursuant to the circular of the Government. In such view of the matter, learned counsel for the State submitted that it is upto the Opposite Parties to hold the DPC and give promotion to the deserving employees in terms of the aforesaid circulars. As such, the present writ petition filed by the Petitioner is pre- mature. Accordingly, is prayed that the writ petition be dismissed. 6. Considering the submissions made by the learned counsels appearing for the respective parties and further taking note of the factual background of the present case, further keeping in view the limited nature of grievance involved in the present writ petition, this Court disposes of the writ petition at the stage of admission by directing the Opposite Party No.1 to consider the representations of the Petitioner under Annexure-9 Series, if the same is still pending, in terms of the Resolution dated 10th January, 2020 of the G.A. & P.G. Department, Government of Odisha, as expeditiously as possible, preferably within a period of three months from the date of communication of a certified copy of this order. It is needless to mention here that the representations of the Petitioner shall be considered and disposed of by passing a speaking and reasoned order. The Page 4 of 4. final decision so taken on the said representations shall be communicated to the Petitioner within ten days thereafter. ( A.K. Mohapatra) Judge Debasis Designation: SECRETARY