In this writ petition concerning promotion of the petitioner from Senior Assistant to Section Officer, the single judge directed State officials to decide on the petitioner's representation within three months without expressing opinion on merits.
Direction to Opposite Party No. 3 to decide on the petitioner's promotion prayer 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.2340 of 2023
Ganesh Chandra Prusty
Petitioner
-versus-
State of Odisha & Ors.
…. Opposite Parties
CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
22.02.2023
Order No
02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel for the Petitioner and learned counsel appearing for the Opp. Parties.
3 . The Petitioner has filed the present Writ Petition with the following prayer:-
“The Petitioner therefore, humbly prays that this Hon’ble Court may graciously be pleased to admit the writ application, issue a Rule NISI calling upon the opposite parties to show cause as to why the petitioner shall not be promoted from Senior Assistant to Section Officer as the Petitioner is entitled to the same as per the Govt. Memorandum No. 14640-GEN dated 04.07.1995, and as to why the representation of the petitioner under Annexure-13 shall not be considered within a stipulated period, if the opposite parties failed to show cause or shown insufficient cause the rule may be made absolute against the opposite parties.
AND
May pass any other appropriate direction(s)/order(s) as this Hon’ble Court considers may deem just and proper.
// 2 //
AND
For this act of kindness, as in duty bound, the petitioner shall ever pray.”
4. Learned counsel for the Petitioner submits that through highlighting his grievances, the Petitioner has filed an application at Annexure-13 to the Writ Petition before the O.P. No. 3, but till date nothing has been done in the matter. In such background, learned counsel for the Petitioner prays that a direction be issued to Opposite Party No. 3 to take a decision on the above noted Petition within a specific time period.
5. Considering the submissions made and without expressing any opinion on the merits of the case, this Court directs Opposite Party No. 3 to take a decision on the above noted petition in accordance with law within a period of three (3) months from the date of receipt of this order and communicate the result of such exercise to the Petitioner.
6 . The Writ Petition is disposed of accordingly.
(Biraja Prasanna Satapathy)
Judge
Sneha
Page 2 of 2
1 issue framed by the court
Whether the petitioner be directed to decide on his representation for promotion within a specific time frame.
1 provisions across 1 enactments
Ganesh Chandra Prusty
State of Odisha
Biraja Prasanna Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
