Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 34945 (ORI)

SURENDRA KUMAR GUMANSINGH v. STATE OF ODISHA

WP(C)/13654/2025 · 2025-05-14

Aditya Kumar Mohapatra

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.13654 of 2025 Surendra Kumar Gumansingh ..... Petitioner Represented By Adv. - Amiya Kumar Chhatoi -versus- State Of Odisha and others ..... Opposite Parties Mr. U.C. Jena, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 14.05.2025 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioner as well as learned counsel for the State-Opposite Parties. Perused the writ application as well as the documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “In view of the facts stated above the Petitioner prays that this Hon'ble Court may graciously be pleased to issue a writ in the nature of writ of Mandamus directing the Opp.Party No.1 to promote the petitioner to the post of Assistant Executive Engineer (Civil) from the date his junior (Opp.Party No.3) got such promotion as per notification bearing No.8273 dated 30.04.2025 with all consequential service & financial benefits. And further be pleased to issue pass any other order/orders as the Hon'ble Court deems fit and proper.” Page 2 of 3. 4. The sole grievance of the Petitioner in the present writ application is that although the Petitioner was promoted to the post of Assistant Engineer (Civil) and his name appears in the final gradation list, however, his case has not been considered for further promotion. He further submitted that the Opposite Parties while considering the case of promotion of the Assistant Engineer (Civil) to the post of Assistant Executive Engineer (Civil), although have considered the case of the junior to the Petitioner and he has been given such promotion vide order dated 30.04.2025, the case of the Petitioner has not been considered. In such view of the matter, learned counsel for the Petitioner alleged that the Petitioner has been grossly discriminated against. Being aggrieved by such conduct of the Opposite Parties in not considering the case of the Petitioner for promotion while considering the case of the junior to the Petitioner for promotion to the post of Assistant Executive Engineer (Civil), the Petitioner has approached this Court by filing the present writ application. 5. Learned counsel for the State on the other hand contended that it appears that the Petitioner has not approached the Departmental Authority before approaching this Court by filing the present writ application. In such view of the matter, learned counsel for the State contended that the Petitioner be directed to approach the Departmental Authority for redressal of his grievance. 6. Having heard the learned counsels appearing for the respective parties, on a careful examination of the factual background as well as materials on record, further keeping in view the nature of the grievance involved in the writ application, this Court deems it proper to dispose of the writ application at the stage Page 3 of 3. of admission by granting liberty to the Petitioner to approach the Opposite Party No.1 by filing a fresh and detailed representation taking therein all the grounds along with all supporting documents within a period of two weeks from today. In such eventuality, the Opposite Party No.1 shall do well to consider the representation of the Petitioner strictly in accordance with law taking into consideration the final gradation list under Annexure-2 to the writ application and dispose of the representation of the Petitioner by passing a speaking and reasoned order within a period of eight weeks from the date the Petitioner approaches the Opposite Party No.1 along with a certified copy of this order. The final decision so taken be communicated to the Petitioner within a period of ten days from the date of taking such a decision. 7. With the aforesaid observations/ directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. ( Aditya Kumar Mohapatra ) Judge S.K. Rout