The court directed a non-Government aided institution to examine the petitioner's representation regarding delayed promotion to Senior and Head Clerk posts, citing a prior court ratio, within 45 days without opining on merits.
Respondent directed to examine petitioner's case and dispose representation within 45 days after hearing.
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W.P.(C) No.23074 of 2016
10.03.2017 Heard learned counsel for the petitioner and learned Addl. Standing Co
unsel.
The petitioner is working as Head Clerk of the Dr. Jhasketan Sahu College, Par
manpur in the district of Sambalpur. The said college is a non-Government aided educational in
stitution established in the year, 1979 and received its first grant-in-aid w.e.f. 01.06.1985.
The grievance of the petitioner is that even though he has made a representati
on before the opposite party no.1 to consider his case for promotion to the post of Senior Cle
rk w.e.f. 01.06.1985 instead of 12.04.2001 and Head Clerk w.e.f 01.06.1990 instead of 12.04.2
005 as his case squarely covered by the ratio decided by this Court in Rajendra Prasad Singh v
ersus State of Orissa and others, 93 (2002) CLT 346, no decision has been taken on the said re
presentation.
Keeping in view the limited nature of the prayer, the writ petition is dispose
d of without expressing any opinion on the merits of the claim of the petitioner. The opposite
party no.1 is directed to examine the case of the petitioner and dispose of his representatio
n in Annexure-12, on dated 19.02.2016 within a period of 45 days from the date of receipt of c
ertified copy of this order, after affording reasonable opportunity of hearing to the petition
er, by a reasoned order.
The learned counsel for the petitioner undertakes to file certified copy of th
is order along with a copy of the brief before the authority within 15 days.
Urgent certified copy of this order be granted as per rules.
W.P.(C) No.9126 of 2015 Heard in part.
Because of non-production of the document, the matter could not be taken up fo
r further hearing.
Hence, list it on 04.03.2016.
Interim order dated 11.05.2015 is extended till the next date.
A free copy of this order be handed over to Miss.Sabitri Ratho, learned Addl.
Government Advocate for compliance.
3
1 issue framed by the court
Whether the respondent must examine the petitioner's case for promotion based on court ratio as per representation dated 19.02.2016?
Colour shows how this judgement treated each authority
Rajendra Prasad Singh versus State of Orissa and othersReferred¶3
93 (2002) CLT 346
1 provisions across 1 enactments
Dr. Jhasketan Sahu College
Miss.Sabitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court