The High Court of Orissa disposed of a writ petition challenging rejection of promotion, due to the petitioner's lack of up-to-date instructions and stale proceedings.
Petition disposed; liberty to revive within sixty days if any cause of action survives.
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
WPC(OAC) No. 2867 of 2014
Umakanta Dehury
Petitioner
Mr. B.K. Nayak along with Mr. A.K. Sahoo, Advocate
-versus-
State of Odisha & others
Opp. Parties
Mr. T.K. Praharaj, Standing Counsel for opposite parties 1 to 5
None for O.P. No.6
CORAM:
Order No.
02.
JUSTICE M.S. SAHOO ORDER 12.05.2022
The writ petition has been renumbered and registered before this Court on 13.12.2021 after being transferred, upon abolition of Odisha Administrative Tribunal, Cuttack Bench, Cuttack.
2. On perusal of the available order sheet of the learned Tribunal, it is found that the matter was never taken-up/pursued after 30.03.2016.
RJ
3. The original application was filed by the petitioner in the year 2014, working as Checker in the Office of Range Officer (KL), Deogarh Range, Deogarh challenging the letter dated 03.03.2014 (enclosed to the writ petition) as well as Memo dated 14.05.2014 (Annexure-6).
4. By the said order, the decision of the DFO, Deogarh (KL) Division was communicated to the
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petitioner regarding rejection of the petitioner’s case form for promotion to the post of Circle Checker from the feeder post of Checker.
5. Learned Additional Government Advocate referring to the counter filed before the learned Tribunal dated 31.10.2013 submits that the order dated 14.05.2014 is just and proper and Departmental Promotion Committee considered the petitioner for promotion and he was found not suitable. It is further submitted that an employee can always claim a right of consideration for promotion but cannot claim promotion as a matter of right.
6. Having heard the learned Addl. Government Advocate, the matter is adjourned to 12.05.2022 to grant another opportunity to the petitioner.”
(M.S. Sahoo) Judge
Page 2 of 2
Umakanta Dehury
State of Odisha & others
M.S. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
