Bapusri Bikash Narayan Das Vs State of Odisha

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.

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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

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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.

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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.

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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

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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.

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