Dr. Avijit Das Vs State of Odisha

ORISSA HIGH COURT : CUTTACK

W.P.(C) No.16486 of 2022

In the matter of an Application under Articles 226 and 227 of the Constitution of India, 1950

Dr. Avijit Das Aged about 36 years Son of Aruna Kumar Das Assistant Surgeon At: PHC (N), Kaskapaid under Laxmipur CHC District: Koraput. … Petitioner.

¶6

-VERSUS-

¶7

1. State of Orissa represented through Addl. Additional Chief Secretary to Govt., Health and Family Welfare Department, Bhubaneswar, District: Khordha.

¶8

2. Director of Health Services, Odisha, Bhubaneswar, Khordha. … Opposite Parties.

¶9

Counsel appeared for the parties:

¶10

For the Petitioner : M/s. Bhabani Sankar Tripathy, Atul Tripathy and Amit Sahoo, Advocates

¶11

For the Opposite parties : Mr. Sailaza Nandan Das, Additional Standing Counsel

¶12

W.P.(C) No.16486 of 2022

¶13

Page 1 of 4

¶14

P R E S E N T:

¶15

HONOURABLE MR. JUSTICE MURAHARI SRI RAMAN

¶16

Date of Hearing : 25.07.2024 :: Date of order : 04.09.2024

¶17

ORDER

¶18

The petitioner has come up before this Court craving to invoke extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India by filing this writ petition seeking direction to the opposite parties to consider him for promotion to the Rank of Group-A (Senior Branch) from Group-A (Junior Branch) of Odisha Medical & Health Services Cadre in terms of the Dynamic Assured Career Progression Scheme vide Health and Family Welfare Department Notification No.6735-HFW-MSII-AESTT-0006/2019/H, dated 08.03.2019 by counting his ad hoc period of service from 30.06.2014 till he joined pursuant to Notification dated 04.03.2020 of the Health and Family Welfare Department issued on recommendation of the Odisha Public Service Commission with all consequential service and monetary benefits in his favour and in the writ petition he made the following prayer(s):

¶19

“Therefore, it is, prayed that this Hon’ble Court be graciously pleased to;

¶20

W.P.(C) No.16486 of 2022

¶21

Page 2 of 4

¶22

(i) hold and declare that denial of promotion to the petitioner to the rank of Group-A (SB) as bad, illegal and contrary to the law settled by the Apex Court reported in para14 of the judgment reported in AIR 1990 SC 1607; and thereby

¶23

(ii) thereby direct the opp.parties to forthwith consider and allow the petitioner promotion to the rank of Group-A (SB) by counting his ad hoc period of service from 30.06.2014 till 30.06.2020 under Odisha Medical Health Services Cadre in terms of the Scheme under Annexure-7 with all consequential service and monetary benefits;

¶24

(iii) pass such other order as may be deemed fit and proper in the bona fide interest of justice and fair play;

¶25

And for which act of your kindness, the petitioner shall as in duty bound, ever pray.”

¶26

2. This matter was taken up for analogous hearing with W.P.(C) No.19049 of 2022 on 25.07.2024. On conclusion of arguments in the said case, the learned counsel for the petitioner herein submitted that instant writ petition has been filed seeking identical relief. Being similarly situated, the petitioner herein would abide by the decision rendered in said W.P.(C) No.19049 of 2022.

¶27

3. To this, Sri Sailaza Nandan Das, learned Additional Standing Counsel appearing for the opposite parties raised no objection.

¶28

W.P.(C) No.16486 of 2022

¶29

Page 3 of 4

¶30

4. In view of such conceded position, this writ petition stands disposed of in the same terms contained in the Judgment delivered in W.P.(C) No.19049 of 2022 today (04.09.2024).

¶31

(MURAHARI SRI RAMAN) JUDGE

¶32

High Court of Orissa, Cuttack The 04^th September, 2024//Laxmikant/Suchitra

¶33

Signature Not Verified

¶34

Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Sep-2024 10:53:52

¶35

W.P.(C) No.16486 of 2022

¶36

Page 4 of 4

Dr. Avijit Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dr. Avijit Das v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Subash Chandra Sahoo Vs State of Odisha

Ashok Kumar Mohapatra Vs State of Odisha

Pradipta Kumar Samanta Vs State of Odisha

Sarika Purohit Vs State of Odisha

Shrinibas Parida Vs State of Odisha

Biswajit Gardia Vs State of Odisha