Dismissed

Sabitarani Sarkar v. State of Orissa

Orissa HC5 Aug 2016WP(C)/12123/2016

Case brief

AI extract

What is this about?

A writ petition seeking issuance of direction for the petitioner's promotion as Anganwadi Supervisor was dismissed as premature. The court held no cause of action existed because the petitioner failed to allege or prove that any junior in the seniority list had been promoted, nor did she file the required affidavit to substantiate this.

What did the court decide?

The writ petition was dismissed on the ground that it was premature as there was no cause of action.

Sabitarani Sarkar Vs State of Orissa — Pension and Retirement Benefits | Orissa HC (2016)

¶1

W.P.(C) No.12123 of 2016

¶2

03. 05.08.2016 This writ petition has been filed for issuance of direction up
on the opposite parties to consider the case of the petitioner for promotion as Anganwadi Supe
rvisor.

¶3

 Learned counsel for opposite party State has submitted that promotion is not
a matter of right and the petitioner has not made out a case that any cause of action is there
 to file this writ petition.

¶4

 He submits that the petitioner has not made out a case that any junior to her
in the gradation list has been promoted as Anganwadi Supervisor, in view thereof no cause of a
ction can be said to be existing as on date.

¶5

 This court vide order dtd.26.7.2016 while adjourning the case enabling the pet
itioner to file additional affidavit disclosing the name of the candidate who have been grante
d promotion in the light of the seniority list as contained in annexure-3, but no such affidav
it has been filed by the petitioner.

¶6

 Having heard learned counsels for the parties and after going through the plea
dings made in the writ petition it transpires that the petitioner has tried to make out a case
 for promotion to the post of Anganwadi supervisor.

¶7

 It is settled that promotion cannot be claimed as a fundamental right, rather
right for consideration to get promotion can be said to be a right.

¶8

 Right for consideration is said to be accruing if any junior to the candidate
have been granted promotion but in the entire pleading no such statement has been made and eve
n after allowing opportunity to the petitioner to give specific statement in this regard, no s
uch affidavit has been filed, hence in my considered view, there is no cause of action existin
g as on date for issuance of direction by this court in respect of the prayer made by the peti
tioner in this writ petition.

¶9

 Accordingly, the writ petition is pre-mature, hence dismissed at this stage.

¶10

 ... S.N. Prasad, J.

¶11

mkp
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Sabitarani Sarkar v. State of Orissa

Case brief

What is this about?

What did the court decide?

Sabitarani Sarkar v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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