Pramila Naik Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Pramila Naik Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to Opposite Party No.3 to consider the petitioner's representation against the vacant ST post of R.I. having regard to her seniority and eligibility within six weeks, by a speaking and reasoned order strictly in accordance with law, communicating the final decision to the petitioner within a week of taking it.

Issue for consideration

Whether Opposite Party No.3 (Collector & District Magistrate, Kalahandi) should be directed to hold a DPC and consider the petitioner's name for promotion to the post of Revenue Inspector under ST Category w.e.f. November 2023, in consonance with the promotion given to Sri Kobid Sekhar Naik and Sri Kshyamanidhi Naik vide order No. 2467 dated 07.11.2023, with consequential benefits per Rule-11 of the ODRS Rules, 1983. +1 more

Court's answer

The Court deemed it proper to dispose of the writ application by directing Opposite Party No.3 to consider the petitioner's representation against the vacant ST post of R.I. claimed by her, taking into consideration her seniority and eligibility, within six weeks from the date of communication of a certified copy of this order.

Ratio / Principle

The petitioner's representation shall be disposed of by a speaking and reasoned order strictly in accordance with law, and the final decision so taken shall be communicated to the petitioner within a week from the date of taking such a decision.

Detailed headnote1 paragraphs

WP(C) No.2885 of 2024, High Court of Orissa at Cuttack (Justice Aditya Kumar Mohapatra, single Bench, order dated 09.04.2024): Pramila Naik, serving as A.R.I., sought a direction to the Collector & District Magistrate, Kalahandi (Opposite Party No.3, Chairman, Department Promotion Committee) to hold a DPC and consider her for promotion to Revenue Inspector under the ST Category from November 2023, in consonance with the promotion given to Sri Kobid Sekhar Naik, Amin and Sri Kshyamanidhi Naik, Amin vide order No. 2467 dated 07.11.2023 (Annexure-8), with consequential benefits under Rule-11 of the ODRS Rules, 1983; she also sought declaration that the non-correction of the RI post held by Sri Debaranjan Sabar from ST to UR category and its omission from the pool of RI posts (ST) notified in Odisha Gazette Notification No. 2890 dated 12.12.2022 (Annexure-5) was bad, illegal and non est. Her representation to Opposite Party No.3 had been received on 03.11.2023 (Annexure-7); learned counsel submitted a post of R.I. remained vacant under ST Category, and the Additional Government Advocate raised no objection to a direction to consider the representation. Without adjudicating the merits, the Court disposed of the writ petition by directing Opposite Party No.3 to consider the representation against the vacant ST post of R.I. with regard to the petitioner's seniority and eligibility within six weeks of communication of the certified copy, by a speaking and reasoned order strictly in accordance with law, the final decision to be communicated within a week thereof.