Petitioner challenged potential exclusion from promotion. Court disposed application by observation that D.P.C. must consider all eligible candidates without influence of prior writ applications, securing petitioner's inclusion subject to eligibility.
Clarification that D.P.C. shall consider petitioner if eligible; application disposed.
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.41177 of 2023
Sukanta Kumar Dash
…. Petitioner Mr. S.Palit,Sr. Advocate
-versus-
State of Odisha & others
…. Opposite Parties Mr. N.K.Praharaj, A.G.A .
CORAM:
JUSTICE A.K. MOHAPATRA ORDER
20.12.2023
Order No.
“In view of the aforesaid facts and circumstances
of the case, this Hon'ble Court may graciously be pleased;
i) to admit the writ petition.
ii) to direct the opp. party No.2 to recommend the name of the petitioner to the ensuing DPC for consideration for promotion to the post of R.I. taking into account the order passed by this Hon'ble Court under Annexure-3 and the Hon'ble Apex Court of India under Annexure-4 and order of regularization, issued by the opp. party No.2 under Annexure-5,
iii) pass such order/orders as deem fit and proper.”
// 2 //
// 3 //
stage of admission by observing that D.P.C., which is likely to be convened, shall consider all candidates, who are suitable and eligible for promotion to the post of R.I. without being influenced by the fact that anybody has approached this Court in any writ application. Further, it is clarified that the case of the petitioner shall also be taken into consideration subject to eligibility and suitability by such D.P.C. 8. With the aforesaid observation, the writ application stands disposed of.
Rubi
( A.K. Mohapatra )
Judge
Signature Not Verified
Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa Date: 02-Jan-2024 11:04:53
1 issue framed by the court
Whether the apprehension that the petitioner would not be considered by the up-coming Departmental Promotion Committee (D.P.C.) for promotion is justifiable warranting interim intervention.
Sukanta Kumar Dash
State of Odisha & others
A.K. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
