The High Court dismissed a writ petition challenging the Odisha Administrative Tribunal's order refusing to stay a promotion letter. The Court found the petition devoid of merit and vacated a previous interim order, declining to interfere at the current stage.
Writ petition dismissed; interim order dated 26.10.2015 vacated.
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WP(C) NO.19136 OF 2015
04.3.2016
Heard learned counsel for the parties.
This writ petition has been filed challenging the order dated 06.10.2015, passed by th
e Odisha Administrative Tribunal, Cuttack Bench, Cuttack, in O.A.No.3575(C) of 2015, declining
the prayer of the applicant-petitioner to stay the operation of the letter dated 07.8.2015 (A
nnexure-8), calling for nomination rolls of eligible Inspectors of Police for promotion to the
rank of Deputy Superintendent of Police during the pendency of the original application.
Learned counsel for the petitioner submits that as interim order dated 26.10.2015 had
been passed by this Court taking into consideration several decisions of the apex Court as ref
lected therein, the said interim order be continued till disposal of the original application
by the learned Tribunal.
From the impugned order it is seen that the decisions of the apex Court reflected in t
he interim order of this Court dated 26.10.2015, were cited before the learned Tribunal. Consi
dering all aspects of the matter, learned Tribunal has passed the following order:
So far as prayer for interim order is concerned, I am not inclined to stay the operati
on of letter vide annexure-8, as the same has been issued following the existing provisions in
Orissa Reservation of Vacancies in Posts and Services (for Scheduled Castes and Scheduled Tri
bes) Act, 1975 and Orissa Police Service (Method of Recruitment and Conditions of Service) Rul
es, 2013. However, any promotion given pursuant to annexure-8 shall be subject to result of th
e O.A. and such stipulation be reflected in the order of promotion, if any of the officer conc
erned.
Considering the submissions made and keeping in view the fact that the present writ pe
tition has been filed against the order of the learned Tribunal refusing to grant interim orde
r of stay, we are not inclined to interfere in the matter at this stage.
Writ petition being devoid of any merit, the same is accordingly dismissed.Interim order dated 26.10.2015 stands vacated.Issue urgent certified copy as per rules. he writ petition being devoid of merit, the same is accordingly dismissed.is Court a
t this stageng contrary to Rules. Therefore ..
(S.C.PARIJA,J.)
(Dr.B.R.SARANGI,J.)
2
2 issues framed by the court
Whether the High Court should interfere with the Tribunal's order declining the prayer to stay the operation of the promotion letter.
Whether the interim order dated 26.10.2015 should be vacated.
2 provisions across 2 enactments
Applicant-Petitioner
Odisha Administrative Tribunal, Cuttack Bench
S.C. Parija
Dr. B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court