Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.12119 of 2026 Smitarani Dalabehera ..... Petitioner Mr. S. S. Rath, Advocate State of Odisha & Ors. ..... Opposite Parties Mr. P. K. Sahoo, ASC CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 24.04.2026 Order No. 01 1. This matter is taken up through hybrid mode. 2. Heard learned counsel for the Petitioner and learned counsel appearing for the Opp. Parties. 3. Petitioner has filed the present writ petition inter alia with the following prayer:- “ The Petitioner therefore most humbly pray that your lordships may be graciously pleased to admit the writ petition, issue a rule nisi to the Opp. party to show cause as to why: (i) the Order No 246/ CDM&PHO passed as per Annexure 8 by the Opp. Party No 4 dated 04.04.2025 of keeping the order of promotion from MPHW (F) level II to MPHW (F) Level 1 on hold/abeyance shall not be quashed as illegal, arbitrary and without jurisdiction as it also violates the Article 14 and 16 of the Constitution of India. (ii) the Opp. Party No 4 shall not be directed to immediately implement the order of promotion passed as Page 2 of 3. per Annexure 7 and to give promotion to the petitioner from the post of MPHW (F) level II to MPHW (F) Level I from the date of order i.e. 04.04.2025. (iii) the Opp. Party No 4 shall not be directed to implement the order of promotion passed as per Annexure 7 as the order of promotion MPHW (F) level 11 to MPHW (F) Level I was never the subject matter of challenge in W.P.(C) No. 9277 of 2025 and the order with regard to DPC passed as an interim measure in the said case which is reserved for Judgment along with other writ petition relates to future promotion and the order passed therein is not applicable to the case of promotion of the petitioner so far as the present writ petition is concerned and therefore the order of withheld/ keeping in abeyance the order of promotion of the petitioner under their own SC/ST Category reserved quota as per Annexure 8 is illegal, arbitrary and unsustainable in the eye of law. (iv) the petitioner in this writ petition shall not be given their respective seniority and other service benefits. And On their failing to show cause or showing insufficient cause make the said rule nisi absolute. And Pass such other further order/orders as may be deemed fit and proper under the facts and circumstances of the case. And And for this act of kindness the Petitioner shall as in duty bound ever pray.” 4. However, taking into account the claim raised in the present Writ Petition, liberty is granted to the Petitioner to make a fresh representation before Opp. Party No.1 by enclosing all the relevant documents and citations in support of her claim, if any, within a period of three (3) weeks hence. 5. It is observed that if such representation is filed within the aforesaid time period, Opp. Party No.1 shall do well to take a lawful decision on the same within a period of three (3) months Page 3 of 3. from the date of receipt of such representation. The order so passed by Opp. Party No.1 be communicated to the Petitioner. 6. With the aforesaid observation and direction, the Writ Petition is disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Subrat