The High Court of Orissa disposed of a writ petition challenging a State Administrative Tribunal order regarding promotion and test re-conduction by noting that the benefit had already been granted to the opposite parties.
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. 13446 of 2015
State of Orissa and others ….. Petitioners
Mr. A.K. Mishra, AGA
Vs.
Raj Kishore Nayak and others ….. Opposite Parties Mr. S.K. Das, Adv.
CORAM:
DR. JUSTICE B.R. SARANGI MR. JUSTICE B.P. SATAPATHY
ORDER 05.12.2022
Order No.
Page 1 of 3
has already been extended to the opposite parties, which is evident from the letter dated 02.04.2022 issued by the Collector, Dhenkanal, annexing the order dated 07.04.2021, to the learned Addl. Government Advocate appearing for the State-petitioners, relevant portion of the said letter is extracted hereunder:-
“Govt. in R & DM Deptt had been moved for necessary instruction in this regard vide District Officer letter No. 1025 dated 16.05.2016. As per instruction from Govt. in R & DM Deptt, Odisha, Bhubaneswar, vide their letter No. RDM-NGEA-CASEAT-0311-2013-87/R & DM dated. 02.01.2019, the fresh DPC held on 18.04.2011 was finalized on 08.08.2019, after conduct of Computer skill test and Viva-Voice test. The names of 10 candidates under UR category & 3 candidates under SC category were recommended for promotion. The name of Sri Rajkishore Nayak was at Sl. No.2 in the select list recommended by the DPC finalized on 08.08.2019.
Govt in R & DM Deptt. had been moved vide this office letter no. 1943 dated 01.10.2019 for necessary concurrence of Finance Deptt. for filling up 9 more vacant post of Jr. Clerks. Concurrence of Finance Department wa communicated to this office vide letter No. 37843/ R & DM dated 24.12.2020 of R & DM Department, Odisha, Bhubaneswar.
After getting concurrence of Finance Department, Sri Rajkishore Nayak, Junior Revenue Assistant, O/o the DSWO, Dhenkanal has been allowed to continue in the said post as per recommendations of the DPC finalized on 08.08.2019 vide District Office Order No.609/Esst Dt. 07.04.2021 (Copy enclosed). The Opp. Party No.1 is presently working as Junior Revenue Assistant in the O/o the DSWO, Dhenkanal.
Page 2 of 3
Ashok
Issue urgent certified copy as per rules.
(DR. B.R. SARANGI) JUDGE
(B.P. SATAPATHY) JUDGE
Page 3 of 3
State of Orissa
Raj Kishore Nayak
B.R. Sarangi
B.P. Satpathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
