Narayan Patra Vs State of Odisha

“It is therefore humbly prayed that this Hon’ble Court may graciously be pleased to admit the case, call for the records and after hearing both the parties pass the following reliefs:

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i) To quash the order dtd. 18.06.2024 under Annexure-5.

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ii) To direct the Opposite Parties to promote the petitioner to the post of Deputy Secretary, Joint Secretary and Additional Secretary (OFS-SAG) from the date when his Junior Daitari Nayak was promoted

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Signature Not Verified

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with all financial and consequential benefits as per ratio decided in the case of Union of India vrs. TTACK Janakiraman reported in A.I.R. 1991 SC 2010.

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Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 05-May-2025 11:59:57

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iii) To direct the Opposite Parties consequent upon his promotion to the post of Deputy Secretary, Joint Secretary and Additional Secretary (OFS-SAG). ”

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It is submitted by learned counsel for the Petitioner that although DPC was held for promotion to the post of Deputy Secretary, Joint Secretary and Additional Secretary (OFS-SAG), the case of the Petitioner was not recommended due to nonavailability of relevant CCR. It is submitted by learned counsel for the Petitioner that due to laches on the part of the Authority of the Department, he has been deprived of getting his promotion thereby violated Articles 14 and 16 of the Constitution of India. During pendency of the petition, the petitioner was retired from service.

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In reply to the submissions made, learned counsel for the State submits that the case of the Petitioner was although placed before the DPC as well as before the Review DPC, but the same was not considered due to non-availability of CCR. He further submits that the case of the Petitioner is not considered and he is denied for promotion and in the event CCR be made available to the DPC, his case will be considered for promotion.

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After hearing learned counsel for the parties, this Court is of the considered view that Petitioner cannot be made to suffer indefinitely due to negligence

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2

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Signature Not Verified

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Digitally Signed on the part of the Authority of the Department, whose Signed by: AMIT KUMAR MOHANTY Reason: Authentication

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Location: HIGH COURT OF ORISSA, d utyCU TTACK is to produce the relevant CCR before the DPC Date: 05-May-2025 11:59:57 committee and the same shall be considered in accordance with law. It is apparent that due to laches on the part of the Authority, Petitioner has been discriminated for getting promotion to the next level.

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Considering the submission made and the facts and circumstances of the present case, this Court directs the Principal Secretary, G.A. & P.G. Department, Govt. of Odisha, Opposite Party No.1 to immediately convene a review DPC and consider the case of the Petitioner for promotion and in the event, the Petitioner is found eligible and there is no other legal impediment, the Petitioner be granted promotion from the date the similarly circumstances persons have been given promotion keeping in view the seniority aspect. It is open for the Opposite Party No.1 to produce the CCR of the Petitioner, if not produced till date. The entire exercise shall be completed within a period of two months from the date of communication of certified copy of this order.

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With the above direction, the Writ Petition stands disposed of.

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Urgent certified copy of this order be granted on proper application.

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(Aditya Kumar Mohapatra) Judge

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amit

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Narayan Patra v. State of Odisha

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Narayan Patra v. State of Odisha

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