Anil Kumar Sahoo Vs Tata Power Central Odisha Distribution Ltd.

Instant writ petition is filed by the petitioner challenging the impugned notice under Annexure-9 and also the stipulation in order dated 8^th December, 2023 as at Annexure-8 and further to direct the opposite parties to consider his promotion to the post of Junior Manager (Electrical) on selection basis and to grant him all consequential financial benefits within a stipulated period of time.

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Referring to Annexure-8 and the stipulation therein, Mr. Das, learned counsel for the petitioner submits that by the time the petitioner joined in TPCODL (erstwhile CESU), he had already completed the course in Diploma Electrical Engineering. It is submitted that the petitioner had earlier applied pursuant to an invitation as per Annexure-5 but the selection process was cancelled with an observation that it shall be duly notified on or before 31^st December, 2023. It is further submitted by Mr. Das that though the petitioner

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fulfils condition, such as, the course to have been completed prior to joining at TPCODL, he has been kept out of the selection process with impugned notice under Annexure-9 published on 2^nd July, 2024.

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On the other hand, Mr. Moharana, learned counsel for the opposite parties submits that the authority concerned did not have the knowledge about the petitioner to have been completed Diploma Electrical Engineering prior to his date of joining i.e. 25^th May, 2012, hence, he was shortlisted in the provisional list published vide Annexure-9. It is further submitted that since the grievance of the petitioner, as per the representation i.e. Annexure-10, is stated to be pending, the same may be directed to be examined within a stipulated period as the same would rather serve the purpose.

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Considering the facts pleaded on record and submission of Mr. Das, learned counsel for the petitioner and Mr. Maharana, learned counsel for the opposite parties, who claims that such completion of course prior to joining in service was not within the knowledge of the concerned authority, this Court is of the view that any such grievance of the petitioner for being excluded from the provision list is required to be duly examined and attended to disposing it of at the earliest.

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6. Hence, it is ordered.

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In the result, the writ petition stands disposed of with a direction to opposite party No.2 to immediately consider and examine Annexure-10 taking into account Annexure-1 and the contention of the writ petition and the citations relied upon and to take a final decision as soon as possible preferably within a period of three weeks from the date of receipt of a copy of this order and till

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such time, the impugned notice such as the provisional list at Annexure-9 shall be kept in abeyance.

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