Disposed¶27

Basanti Nayak v. State of Odisha

Orissa HC24 Jan 2025WP(C)/2307/2025

Case brief

AI extract

What is this about?

Promotion; Legal Metrology; Deputy Controller to Joint Controller; pending representation; direction to consider representation; speaking and reasoned order; six-week timeline; two-week communication; W.P.(C) No.24073 of 2022 taken into consideration; State of Odisha; mandamus-type writ disposed of at admission; Orissa High Court; WP(C) No.2307 of 2025.

What did the court decide?

Direction to Opposite Party No.1 to consider the petitioner's Annexure-5 representation, if still pending, strictly in accordance with law in light of the order in W.P.(C) No.24073 of 2022 (Annexure-6); disposal by speaking and reasoned order within six weeks; communication of the final decision to the petitioner within two weeks thereafter. ¶27

Basanti Nayak Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶27

Issue for consideration

Whether the petitioner is entitled to a direction for promotion from the post of Deputy Controller of Legal Metrology to the post of Joint Controller of Legal Metrology. +1 more

¶19

Ratio / Principle

The writ application stands disposed of at the stage of admission by directing Opposite Party No.1 to consider the petitioner's representation under Annexure-5, if still pending, strictly in accordance with law and taking into consideration the order of this Court in W.P.(C) No.24073 of 2022 (Annexure-6).

¶24

Key takeaways

The representation shall be disposed of by passing a speaking and reasoned order within a period of six weeks from the date of communication of a certified copy of this order.ratio¶26
The final decision so taken shall be communicated to the petitioner within two weeks from the date of such decision.ratio¶26

Detailed headnote1 paragraphs

Single-Judge order (Justice Aditya Kumar Mohapatra) of the High Court of Orissa at Cuttack in WP(C) No.2307 of 2025, decided 24.01.2025: writ disposed of at the admission stage. The petitioner, working as Deputy Controller of Legal Metrology, had prayed for a direction to promote her to Joint Controller of Legal Metrology and complained of inaction on her representations dated 30.10.2024 and 06.12.2024 (Annexure-5). The Court directed Opposite Party No.1 (State of Odisha) to consider the representation, if still pending, strictly in accordance with law, taking into consideration its earlier order in W.P.(C) No.24073 of 2022 (Annexure-6), by passing a speaking and reasoned order within six weeks of communication of a certified copy, with the final decision to be communicated to the petitioner within two weeks of such decision.

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.2307 of 2025

Basanti Nayak

.....

Petitioner

Represented By Adv. - Suryakanta Dwibedi

¶6

-versus-

¶7

1) State Of Odisha

¶8

Controller,legal Metrology,bbsr

¶9

.....

¶10

Opposite Parties

¶11

Represented By Adv. – Ms. S.Nayak, A.S.C.

¶12

CORAM:

¶13

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

24.01.2025

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

¶18

Heard learned counsel for the petitioner as well as learned counsel for the State. Perused the writ application as well as documents annexed thereto.

¶19

The present writ application has been filed with a prayer for a direction to the Opposite Party to promote the petitioner from the post of Deputy Controller of Legal Metrology to the post of Joint Controller of legal Metrology within a stipulated period of time.

¶20

Learned counsel for the petitioner at the outset submitted that the present petitioner is working as Deputy Controller of legal Metrology, the post which has been re-designated and earlier the same was Assistant Controller to Legal Metrology, held by the petitioner since 01.10.2021. Further, referring to the notification dated 14.10.2022, learned counsel for the petitioner contended that

¶21

Page 1 of 3.

¶22

the eligibility criteria for promotion to the post of Joint Controller of Legal Metrology, prior to the same being re-designated, was three years’ of experience as Deputy controller or Assistant Controller. He further contended that since the petitioner is eligible for promotion to the post of Joint Controller of Legal Metrology and a number of posts are lying vacant, the petitioner approached the Opposite Parties by filing a representation under Annexure-5 to the writ application dated 30.10.2024 and 06.12.2024. He further contended that no decision has been taken on such representation. Being aggrieved by such inaction of Opposite Parties, the petitioner has approached this Court by filing the present writ application.

¶23

Learned counsel for the State on the other hand contended that it appears that the petitioner has already approached the opposite parties for redressal of his grievance. In such view of the matter, learned counsel for the State submitted that she will have no objection in the event this Court directs the Opposite Parties to consider the representation of the petitioner under Annexure-5, if the same is still pending before the Opposite Party strictly in accordance with law within a stipulated period of time.

¶24

Having heard the learned counsels appearing for the respective parties on a careful examination of the materials on record as well as the submissions made, this Court deems it proper to dispose of the writ application at the stage of admission by directing the Opposite Party No.1 to consider the representation of the petitioner under Anenxure-5 if the same is still pending strictly in accordance with law and while taking into consideration the order of this Court under Annexure-6 passed in W.P.(C) No.24073 of 2022. Further, the representation of the petitioner shall be considered and disposed of

¶25

Page 2 of 3.

¶26

by passing a speaking and reasoned order within a period of six weeks from the date of communication of a certified copy of this order. The final decision so taken be communicated to the petitioner within two weeks from the date of such decision.

¶27