Disposed

Bhimsen Malik v. State of Odisha

Orissa HC21 Jun 2023WP(C)/16802/2023

Case brief

AI extract

What is this about?

In a promotion dispute, the High Court of Orissa left the equitable question as it, directing the departmental authority to consider the petitioner's representation with a speaking order within eight weeks before deciding on promotion or further departmental proceedings.

What did the court decide?

Directed Opposite Parties to consider the petitioner's representation and pass a speaking reasoned order within 8 weeks.

Bhimsen Malik Vs State of Odisha — Service and Employment | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No. 16802 of 2023

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Bhimsen Malik

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Petitioner

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Mr. P.K. Sahoo, Advocate

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-versus-

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State of Odisha and others

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…. Opposite Parties Mr. Saswat Das, A.G.A.

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CORAM: JUSTICE A.K.MOHAPATRA

ORDER

Order No.

21.06.2023

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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2. Heard learned counsel for the Petitioner and learned Additional Government Advocate appearing for the State-Opposite Parties.

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3. The present writ application has been filed for a direction to Opposite Parties to give promotion to the Petitioner as persons, who are junior to the Petitioner, have been given promotion in the meantime as Assistant Engineer (Civil).

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4. It is submitted by the learned counsel for the Petitioner that although the Petitioner is eligible for promotion, the Departmental Authorities are not considering his case for promotion. He further contends that while ignoring the case of the Petitioner for promotion, the Departmental Authority convened a D.P.C. and persons who are junior to the Petitioner have been given promotion to the rank of Assistant Engineer (Civil). Therefore, it is submitted by the learned

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// 2 //

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counsel for the Petitioner that the conducts of the Opposite Parties are violative of principle enshrined under Articles 14 & 16 of the Constitution of India.

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5. Considering the rival contentions of the learned counsel for the respective parties, this Court disposes of the writ petition by directing the Petitioner to approach the Opposite Party No.2 along with certified copy of this order within three weeks from today. In the event the Petitioner approaches the Opposite Party No.2, the Opposite Party No.2 shall do well to consider the representation of the Petitioner in accordance with law taking into consideration Annexure-5 to 12 as well as the fact that the persons who are junior to the Petitioner have already been given promotion in the meantime and shall take a decision by passing a speaking and reasoned order within a period of eight weeks from the date of production of certified copy of this order. The decision so taken on the representation of the Petitioner be communicated to the Petitioner within two weeks thereafter.

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6. It is made clear that in the event the Opposite Party No.2 is of the opinion that the Petitioner is deserved to be promoted then a DPC/Review DPC be convened to consider the case of the Petitioner and necessary follow up action shall be taken by the Departmental Authority.

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Signature Not Verified

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Digitally Signed Signed by: DEBASIS AECH Designation: PA Debasis Reason: Authentication Location: OHC CUTTACK Date: 22-Jun-2023 20:35:26

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(A.K. Mohapatra) Judge

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Bhimsen Malik v. State of Odisha

Case brief

What is this about?

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Bhimsen Malik v. State of Odisha

Case brief

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