Page 1 of 5. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.14729 of 2026 Asish Kumar Mohanty ..... Petitioner Represented by Adv. - Kunal Kumar Swain -versus- State of Odisha & Ors. ..... Opposite Parties Represented by Adv. - Mr. A.Mohanty, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 12.05.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State-Opposite Parties. Perused the writ application as well as the prayer made therein. 3. The Petitioner has filed the present writ application with the following prayer: “Under the above circumstances, it is humbly prayed that the writ petition may be allowed; And (A) a writ of mandamus or an appropriate writ may be issued directing the opposite parties to consider the case of the petitioner for promotion to the post of Senior Clerk and to give him promotion to the post of Senior Clerk in accordance with Rule-10 (1) of the Odisha Non-Government Aided College Ministerial Service (Method of Recruitment and Conditions of Service) Page 2 of 5. Rules, 1999 with effect from 01.11.2017 i.e. from the date he passed Accounts Examination with all consequential service and financial benefits, within a time to be stipulated by this Hon'ble Court (B) And any other order / orders or direction / directions may be issued so as to give complete relief to the petitioner.” 4. Learned counsel for the Petitioner at the outset contended that the Petitioner was selected by following due procedure of selection and was appointed as a Junior Clerk-cum-Typist on 04.05.2023 by the Governing Body of the college. He further submitted that while the Petitioner was continuing as such, his appointment was approved vide order dated 16.11.2012 by the Director Higher Education, Bhubaneswar, Odisha against the post of Junior Clerk-cum-Typist and he was receiving salary component thereof w.e.f. 20.01.2009. Learned counsel for the Petitioner at this juncture contended that as per the provision contained in Rule 10 of the Odisha Non-Government Aided College Ministerial Service (Method of Recruitment and Conditions of Service) Rules, 1999, the Petitioner is eligible to be considered for promotion to the post of Senior Clerk subject to satisfaction of the two conditions:- 1) he must have rendered service of four years as a Junior Clerk. 2) he must pass the preliminary accounts examination conducted by the departmental authority. Page 3 of 5. 5. While addressing this Court on the eligibility of the present Petitioner, learned counsel for the Petitioner contended that the service of the Petitioner has been regularised and approved by the Director Higher Education from the year 2009. He further submitted that in the meantime the Petitioner appeared in the preliminary accounts examination conducted by the Departmental Authorities and in view of the notification at Anenxure-5 dated 01.11.2017, the petitioner has been declared successful in such Departmental Accounts Examination. In the aforesaid context, learned counsel for the Petitioner submitted that the Petitioner is eligible for promotion w.e.f. 01.11.2017. Accordingly, it was contended that with effect from the year 2018, the case of the Petitioner should have been considered by the DPC for his promotion to the post of Senior Clerk. Such procedure having not been carried out under the Rules 1999, the Petitioner has approached this Court by filing the present writ application. 6. In course of his argument, learned counsel for the Petitioner further submitted that being aggrieved by the inaction of the Opposite Parties in considering the case of the Petitioner for promotion to the post of Senior Clerk, the Petitioner has already approached the Director Secondary Education, Odisha- Opposite Party No.3 by filing a detailed representation dated 12.01.2026 at Annexure-6 to the present writ application. Since no final decision has been taken on such representation of the Petitioner by the Opposite Party No.3, being aggrieved by such inaction, the Petitioner has approached this Court by filing the Page 4 of 5. present writ application. 7. Learned counsel for the State on the other hand contended that although he has no specific instruction in the matter, however, taking into consideration the documents attached to the writ application and the averments made therein, keeping in view the submissions made by learned counsel for the Petitioner, learned counsel for the State contended that since the Petitioner has already approached the Opposite Party No.3, who is the Competent Authority, to take a final decision in the matter and the representation of the Petitioner at Annexure-6 is stated to be still pending, in the event the final decision has not been taken on such representation, he will have no objection if this Court directs the Opposite Party No.3 to consider and dispose of the representation of the Petitioner strictly in accordance with law and the applicable rules within a stipulated period of time. 8. Having regard to the submissions made by the learned counsel appearing for both sides, on a careful examination of the background facts, further taking note of Rule 10 & 11 of the Rules, 1999, this Court is of the view that the case of the Petitioner should have been considered by the Opposite Parties for promotion to the post of Senior Clerk subject to the suitability and eligibility of the present Petitioner. In such view of the matter, this Court deems it proper to dispose of the present writ application by directing the Opposite Party No.3 to consider the representation of the Petitioner at Annexure-6, keeping in view the provisions contained in Rule 10 & 11 of the Rules, Page 5 of 5. 1999, and take a final decision in the matter. Accordingly, the representation of the Petitioner be disposed of by passing a speaking and reasoned order within eight weeks from the date of communication of a copy of today’s order. The final decision so taken be communicated to the Petitioner within ten days thereafter. 9. With the aforesaid observation, the writ application stands disposed of. 10. Issue urgent certified copy of this order as per Rules. (A.K. Mohapatra) Judge Rubi