The High Court disposed of a writ petition challenging the gradation list of Panchayat Executive Officers. The court directed the opposite parties to consider the petitioner's promotion and seniority fixation expeditiously in light of a prior order.
Directed opposite parties to consider petitioner's promotion case for seniority fixation within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 1371 of 2020
Biharilal Barik
…. Petitioner
Mr. P.K. Rath, Advocate
-Versus -
State of Odisha and others ….
Opposite Party
Mr. D.K. Mohanty, ASC
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
25.08.2021
Order No.
This matter is taken up through hybrid mode.
04
“That it is humbly submitted that basing on the State level Gradation (Seniority) list of PEOs, 2019, the Departmental Promotion Committee meeting was held on 08.01.2020 for consideration of promotion of eligible PEOs to the post of GPEO & PA as per the Orissa Gram Panchayat Extension Officers’ and Progress Assistants’ (Method of Recruitment and Conditions of Service) Rules, 2002 and subsequent amendment thereto. In the said meeting, the promotion case of the petitioner was considered along with opposite party no.5. Due to pendency of a criminal case against the petitioner, the findings of the DPC have been kept in the sealed cover as per Rule. The
Page 1 of 2
opposite party no.5 was not found suitable for promotion for want of CCR. Since the case of the petitioner for promotion to the higher post has been considered along with the opposite party no.5 in the DPC meeting held on 08.01.2020, it needs no interference by this Hon’ble Court.”
Issue urgent certified copy as per rules.
Ashok
(Dr. B.R. Sarangi) Judge
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2 issues framed by the court
Whether the department should consider the petitioner's promotion case despite a criminal case being pending against him.
Whether the petitioner's seniority should be fixed with the opposite party.
Colour shows how this judgement treated each authority
W.P.(C) No.21647 of 2021Relied on¶23
1 provisions across 1 enactments
Biharilal Barik
State of Odisha
B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
