Bijaya Kumar Mallik Vs State of Odisha

Heard learned counsel for the Petitioners as well as the learned Additional Standing Counsel appearing for the State. Perused the Writ Petition as well as the documents annexed thereto.

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The Petitioner has filed the present Writ Petition with the following prayer :

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“It is therefore, humbly prayed that this Hon’ble Court may graciously be pleased to admit this Writ Petition, call for the records and, after hearing the parties, may be pleased to allow this Writ Petition;

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AND

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a) The Opp.Parties may be directed to include the names of the Petitioners in the Redrawn select list dated 19.09.2022 under

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Page 1 of 5.

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Annexure-6 as their names were found place in the previous Select list dated 30.08.2022 under Annexure-2;

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b) The Opp.Parties be directed to send the Petitioners to ASI Course of Training and grant them promotion to the rank of A.S.I. of Police and

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c) Such other order/ orders/ direction/ directions, as may be deem fit and proper in the interest of justice, may kindly be passed in giving complete relief to the Petitioners;”

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It is stated by the learned counsel for the Petitioners that the Petitioners being found qualified and suitable for the post of Constable were duly selected and appointed in the year 2011 in Balangir Police District. Thereafter, in the year 2020 the Petitioners appeared in the Departmental Written Examination for promotion to the rank of Assistant SubInspector of Police and the Petitioners were duly selected for promotion. While the matter stood thus on 30.08.2022 the Petitioners were declared qualified in the aforesaid examination and their names found place at sl.no.2602, 2626 and 2605 respectively in the Redrawn select list dated 30.08.2022. Accordingly, they were asked to undergo A.S.I. course of Training.

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On 30.03.2022 the State Government issued an order creating 304 temporary (Ex-Cadre) posts in the rank of Constable for continuance of some of the regularly recruited Constables whose names could not find place in the redrawn select list for the year 2011. Pursuant to the order dated 30.03.2022 the Petitioners were declared as Ex-cadre

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Page 2 of 5.

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Constables along with 301 other similarly placed Constables. The select list dated 30.08.2022 was revised on 19.09.2022 thereby excluding several qualified Constables including the Petitioners were from the select list as they were declared Excadre pursuant to order dated 30.03.2022.

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Being aggrieved by such conduct of the Government in declaring the Petitioners as Ex-cadre the Petitioners along with others have approached this Court by filing W.P.(C) No.10197 of 2022. A Coordinate Bench of this Court vide order dated 05.12.2024 in a batch of writ petition allowed he Writ Petition by holding that the decision of the Government to declare the Petitioners and other similarly situated persons as Ex-cadre Constables is illegal. However, while disposing of the Writ Petition, the coordinate Bench of this Court directed the Government to consider the case of the Petitioners for their regular appointment and providing consequential service benefits and quashed the impugned order Annexures-3 & 4.

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Referring to the aforesaid judgment of the coordinate Bench, learned counsel for the Petitioners contended that the present Petitioners and similarly situated persons are no more ex-cadre Constable as has been decided by the State Government under Annexurre-3 as the said order has already been quashed by the coordinate bench. He further contended that the Petitioners, who are Constables, belong to regular cadre and are eligible to be promoted to the post of A.S.I. and that they have been duly selected for such promotion in the recruitment test that had taken place earlier in the year 20202022 and pursuant to the select list dated 30.08.2022. At this

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Page 3 of 5.

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juncture, learned counsel for the Petitioners further contended that although the order putting the Petitioners in Ex-cadre post has been quashed by coordinate Bench of this court, the Opposite Parties have not considered the case of the Petitioners for promotion to the post of A.S.I. pursuant to the select list dated 30.08.2022. Being aggrieved by such conduct of the Opposite Parties, the Petitioners have approached this Court by filing the present Writ Petition.

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Learned Additional Standing Counsel appearing for the State on the other hand contended that the Petitioners have not approached the Opposite Parties before approaching this Court by filing the present Writ Petition. Learned Additional Standing Counsel contended that the present Writ Petition is not maintainable and accordingly she further contended that the Petitioners be directed to approach the Opposite Parties first before approaching this court in the present case.

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Having heard learned counsels for the respective parties, after careful examination of the materials on record, further keeping in view the background facts of the present case, particularly the judgment of the coordinate Bench dated 05.12.2024 in a batch of Writ Petition under Annexure-7 to the Writ Petition, the Writ Petition is disposed of by granting liberty to the Petitioners to approach the Opposite Party Nos. 2 & 3 by filing a fresh representation taking therein all the grounds available to them along with all supporting documents within two weeks from today. In such eventuality, the Opposite Party Nos. 2 &3 shall do well to consider the representation strictly in accordance with law and further keeping in view the

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Page 4 of 5.

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judgment of this Court under Annexure-7 and dispose of the representation by passing a speaking and reasoned order within six weeks from the date of receipt of the representation. Final decision so taken be communicated to the Petitioners within two weeks from the date of taking such decision. It is further directed that in the event any process has commended in giving promotion to the rank of A.S.I., the same shall be finalised only after disposing of the representation of the Petitioners.

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With the aforesaid observation and direction the Writ Petitioner stands disposed of.

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RKS

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( Aditya Kumar Mohapatra) Judge

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Signature Not Verified Page 5 of 5.

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Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 29-Jan-2025 14:04:25

Bijaya Kumar Mallik v. State of Odisha

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Bijaya Kumar Mallik v. State of Odisha

Case brief

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