Disposed

Sunil Kumar Bhanja v. State of Odisha

Orissa HC20 Feb 2023WP(C)/3240/2023

Case brief

AI extract

What is this about?

The High Court of Odisha disposed of a writ petition seeking promotion as Havildar. The bench directed respondent authorities to consider petitioners' cases in light of the ratio from Trilochan Naik case within six weeks and communicate decisions thereafter.

What did the court decide?

Direction to Opposite Party No.2 to consider petitioners' case in light of Trilochan Naik case within six weeks and communicate decision within ten days.

Sunil Kumar Bhanja Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.3240 of 2023

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Sunil Kumar Bhanja and others …. Petitioners Mr. G.R. Sethi, Adv.

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-versus-

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State of Odisha and others

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…. Opposite Parties Mr. Saswat Das, AGA

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CORAM: JUSTICE A.K. MOHAPATRA

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Order No.

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ORDER 20.02.2023

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

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Heard the learned counsel for the Petitioners as well as the learned Additional Government Advocate appearing for the StateOpposite Parties. Perused the writ petition as well as the documents annexed thereto.

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The present writ petition has been filed by the Petitioners with the following prayers:-

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“It is therefore humbly prayed that this Hon’ble Court may graciously be pleased to admit the case, call for the records and after hearing both the parties pass the following reliefs;

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i) To quash the order dated 15.12.2022 under Annexure-6 series.

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ii) To direct the Opposite Parties to promote the petitioners to the rank of Havildar against existing vacancies before conducting the

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// 2 //

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District drill test.

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iii) To direct the Opposite Parties to grant all financial and consequential benefits flowing from the order of promotion.

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iv) And pass such other order/orders as may be deemed fit and proper for the interest of justice.”

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In course of argument, learned counsel for the Petitioners submitted that the case of the Petitioners is covered by the judgment of this Court in the case of Trilochan Naik v. State of Odisha and others (W.P.(C) No.26046 of 2022 decided on 07.12.2022). In such

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view of the matter, learned counsel for the Petitioner submitted that

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the authorities be directed to consider the case of the Petitioners in

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the light of the ratio decided in Trilochan Naik’s case (supra).

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Learned Additional Government Advocate appearing for the State-Opposite Parties, on the other hand, submitted that he has no objection in the event the Opposite Parties are directed to consider the case of the Petitioners afresh in the light of the law laid down in Trilochan Naik’s case (supra).

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Considering the submissions made by the learned counsels for

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the respective parties, this Court disposes of the writ petition at the stage of admission by directing the Opposite Party No.2 to consider the case of the Petitioners in the light of the law laid down by this

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Court in Trilochan Naik’s case (supra) within a period of six weeks from the date of production of certified copy of this order. Opposite

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// 3 //

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Party No.2 is directed to act upon production of certified copy of this order. The decision so taken thereof shall be communicated to the

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Petitioners within ten days thereafter.

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( A.K. Mohapatra ) Judge

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Debasis

Sunil Kumar Bhanja v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sunil Kumar Bhanja v. State of Odisha

Case brief

What is this about?

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