Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 25151 (ORI)

KRUSHNA CHANDRA PANDA v. STATE OF ODISHA

WP(C)/20306/2026 · 2026-07-07

Aditya Kumar Mohapatra

Writ Petition (Civil)body2026

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.20306 of 2026 Krushna Chandra Panda ..... Petitioner Represented by Adv. - Prasanta Kumar Joshi -versus- State Of Odisha & Ors. ..... Opposite Parties Represented by Adv. – U.C. Jena, A.S.C. CORAM: THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 07.07.2026 Order No. 01. 1. This matter is taken up through Virtual 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 documents annexed thereto. 3. The Petitioner has filed the present writ application with the following prayer: “On the grounds above, it is therefore, most humbly prayed that this Hon'ble Court may be pleased to issue rule Nisi to the Opposite Parties as to why direction shall not be issued to reckon the Promotion of the Petitioner to the post of A.Β.Ε.Ο. notionally with retrospective effect from dated 02.03.2023 his Juniors have been promoted superseding the Petitioner with no fault with him and to change the entry date of the Petitioner in the post of ABEO to date 02.03.2023 the date of promotion of his Juniors instead of 11.04.2023 at column-9 at sl.no.673 of Order No.14427 dated 03.07.2024 that is the Provisional Gradation list of Page 2 of 4. A.B.E.O at annexure-1 and in the Final Gradation List which is yet to be drawn and which he is entitled under law as otherwise the he will be highly prejudiced. And/or pass such order /orders, direction/ directions as this Hon'ble Court may deem fit and proper for the end of Justice.” 4. Learned counsel for the Petitioner, at the outset, contended that initially the name of the Petitioner was included in the list of persons whose case was being considered by the DPC for promotion to the post of ABEO. He further contended that initially the Opposite Parties published a notification thereby giving promotion to some teachers to the post of ABEO vide their office order dated 02.03.2023 at Annexure-6 to the writ application. However, the case of the Petitioner was not considered by the Opposite Parties although he was eligible for such promotion and in the cases of his junior have also been considered and they have been given promotion by the office order dated 02.03.2023 at Annexure-6. Being aggrieved by such conduct of the Opposite Parties, the Petitioner initially approached the Opposite Party No.2 by filing a grievance petition dated 06.03.2023 at Annexure-7 to the writ application. Considering such grievance petition, the Petitioner was given promotion vide order dated 05.04.2023 at Annexure-8 to the writ application. 5. The sole grievance of the Petitioner in the present writ application is that although the Petitioner has been given promotion, however, he has been kept under his juniors in the ABEO cadre. He further submitted that in the earlier promotion order dated 02.03.2023, his juniors have been given promotion Page 3 of 4. ignoring the seniority of the present Petitioner. Therefore, the Petitioner has approached this Court by filing the present writ application to restore his seniority over his juniors and to give notional promotion to the Petitioner with effect from the date his juniors have been given such promotion, i.e., vide order dated 02.03.2023 at Annexure-6 to the writ application. 6. Learned counsel for the State, on the other hand, contended that he has no specific instruction in the matter. He further contended that on perusal of the writ application it appears that the Petitioner has not approached the competent authority, i.e., the Director, Elementary Education for redressal of his grievance. In such view of the matter, learned counsel for the State contended that the present writ application is not maintainable. He further submitted this Court grants liberty to the Petitioner to approach the Opposite Party No.2 for redressal of his grievance by filing a representation which is to be considered by such Opposite Party in accordance with law within a stipulated period of time, then he will have no objection to the same. 7. Having regard to the submissions made by counsels for the respective parties, on a careful examination of the background facts, further on a careful analysis of the submissions made and the documents attached to the writ application, this Court deems it proper to dispose of the present writ application by granting liberty to the Petitioner to approach the Opposite Party No.2 by filing a detailed representation taking therein all the grounds along with all supporting documents within three weeks from today. In such eventuality, the Opposite Party No.2 shall consider the case of the Page 4 of 4. Petitioner keeping in view the seniority of the present Petitioner and the position of the Petitioner in the common gradation list and pass necessary consequential orders. The representation of the Petitioner shall be disposed of by passing a speaking and reasoned order within eight weeks from the date the Petitioner approaches the Opposite Party No.2 along with a certified copy of this order. The final decision so taken be communicated to the Petitioner within 10 days thereafter. 8. With the aforesaid observations/ directions, the writ application stands disposed of. Issue urgent certified copy of this order as per Rules. ( A.K. Mohapatra ) Judge Anil Designation: Junior Stenographer