Narendra Nath Naik Vs Orissa High Court

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OJC No.8269 of 2001 1

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24.02.2021

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Heard Mr. Amiya Kumar Mishra-2, learned counsel for the Petitioner and Mr. S. Palit, learned Additional Government Advocate.

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The Petitioner who is an employee of the Registry of this Court, has filed the present writ petition with prayers manifold, including the prayer for retrospective promotion to the post of Junior Assistant w.e.f. the year 1977-78 and consequential promotions to the higher posts. Rest of the prayers of the Petitioner are consequential to this prayer.

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The case of the Petitioner is that, he initially joined as Copyist on 19^th January, 1977 and then promoted to the post of Diarist and then to Junior Assistant and lastly to the post of Superintendent (Level-I). He joined as Junior Assistant on promotion w.e.f. 4^th July, 1983.

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While going through the writ petition in course of hearing, it is found that the Petitioner asserted his right for promotion through the present writ petition filed on 3^rd July, 2001 and claims to change his position in the seniority list w.e.f. 1977-

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78 after lapse of 23 years. Though his averments in the writ petition is to the effect of altering his position in the gradation list and to change seniority inter se with other employees, still

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2

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he did not choose to implead those affected private parties as necessary parties to the writ petition. Such an attempt of the Petitioner with delay of 23 years, that too without impleading necessary parties, are not found acceptable by this Court.

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As such, keeping in view the laches on the part of the Petitioner acquiescing the position for a long period of 23 years, we restrain ourselves from disturbing the position that has been set at rest.

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Resultantly, we do not incline to interfere with and the writ petition is dismissed.

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There is no order as to cost.

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(Dr. S. Muralidhar) Chief Justice

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(B. P. Routray) Judge

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M.K.Panda/ K. Majhi

Narendra Nath Naik v. Orissa High Court

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Narendra Nath Naik v. Orissa High Court

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