Aswini Kumar Dash Vs State of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 4850 of 2023

Aswini Kumar Dash & Anr.

..... Petitioners Mr. M.K. Mohanty, Advocate

-versus- State of Odisha & Ors. ..... Opposite Parties Mr. A. Tripathy, AGA Mr. S.K. Das, Advocate (Opp. Party Nos. 6, 7 & 9)

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CORAM:

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THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER

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30.07.2026

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Order No. 15

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This matter is taken up through hybrid mode.

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Heard Mr. M.K. Mohanty, learned counsel appearing for the Petitioners, Mr. A. Tripathy, learned Addl. Govt. Advocate appearing for the State-Opp. Parties and Mr. S.K. Das, learned counsel appearing for Opp. Party Nos.6, 7, 8 & 9.

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The present writ petition has been filed inter alia with the following prayer:-

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“The petitioner most respectfully prays that the Hon'ble Court may be graciously pleased to allow the writ petition, issue a writ or direction in the nature of certiorari quashing the Notification No. 10318 dated 31.03.2021 and Notification No. 27989 dated 01.10.2022 of Opposite Party No.1 under Annexure-4 and 5 respectively and further issue a writ or direction in the nature of mandamus or any other appropriate writ or direction to the Opposite Parties to give promotion to the petitioners to the rank of OAS Group-A(Senior Branch)

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from 31.03.2021 and fix his seniority above Opposite Party No. 3 and give them all the consequential, financial and service benefit accrued out of the same and pass such other or further order or orders as are deemed just and proper.”

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It is contended that even though vide notification dtd.29.01.2019 so issued by the Govt.-Opp. Party No. 1 under Annexure-1, Petitioners were given the benefit of promotion to the rank of OAS Group-A (JB) w.e.f.18.10.2014 in obedience to order passed by this Court as well as by the learned Tribunal, but since the final gradation list of OAS Group-A (JB) was published on 08.03.2019 under Annexure-2 showing the incumbents in that cadre as on 31.12.2018, Petitioners’ name were not included in the said final gradation list so published on 08.03.019 under annexure-2. Because of such wrong committed by the Department, Petitioners were not considered by the DPC while extending the benefit of promotion in favour of their juniors vide two (2) successive notifications issued on 31.03.2021 and 01.10.2022 under Annexure-4 & 5.

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4.1. It is also contended that Petitioners after getting the benefit of promotion to the rank of OAS Group-A (JB) w.e.f.18.10.2014 vide notification dtd.29.01.2019 under Annexure-1, when they raised a grievance for their inclusion in the gradation list of OAS Group-A (JB) and to extend the benefit of promotion in their favour, the same was forwarded to the Secretary, GA & PG Department by the ADM, Sundaragada on 30.07.2019 under Annexure-9 series. But no decision has yet been taken with regard to inclusion of the Petitioners’ name in the gradation list of OAS Group-A (JB) in modification of the final gradation list published on 08.03.2019

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Page 2 of 5.

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under Annexure-2 with due extension of the benefit of promotion in their favour from the date their juniors got the same vide notification issued under Annexure-4 & 5. It is accordingly contended that Opp. Party No. 1 be directed to take a decision with regard to inclusion of the names of the Petitioners in the appropriate place in the final gradation list published on 08.03.2019 under Annexure-2 and to extend the benefit of promotion in their favour by conducting a review DPC, taking into account the fact that juniors to the Petitioners got the benefit vide notification dtd.31.03.2021 and 01.10.2022 under Annexure-4 & 5.

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4.2. It is also contended that in the counter affidavit filed by Opp. Party No. 1, it has been fairly admitted that since Petitioners got the benefit of promotion to the rank of OAS Group-A (JB) vide notification dtd.29.01.2019 under Annexure-1 though w.e.f.18.10.2014, but since the final gradation list of OAS Group-A (JB) as on 31.12.2018 was published on 08.03.2019, Petitioners’ name were not included in the said gradation list and accordingly their names were not considered by the DPC, while recommending the names of eligible candidates for their promotion to the next higher rank, basing on which, notifications under Annexure-4 & 5 were issued.

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It is accordingly contended that Opp. Party Nos. 1 & 2 be directed to include the Petitioners in the final gradation list dt.08.03.2019 and extend the benefit of promotion by conducting a review DPC from the date their juniors have got the same vide notification dt.31.03.2021 and 01.10.2022 under Annexure-4 & 5 with all service and financial benefits.

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Page 3 of 5.

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Learned counsel appearing for the Private Opp. Party Nos. 6, 7 & 9 on the other hand contended that since admittedly Petitioners’ names were not there in the final gradation list of OAS Group-A (JB) so published on 08.03.2019, no illegality or irregularity can be found with the impugned notification. It is also contended that final gradation list dtd.08.03.2019 is now the subject matter of dispute pending before this Court in Writ Appeal No. 834 of 2026 & batch.

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Learned Addl. Govt. Advocate also made similar submission as made by the learned counsel appearing for Private Opp. Party Nos. 6, 7 & 9.

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Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that Petitioners’ vide notification dtd.29.01.2019 were promoted to the rank of OAS Group-A (JB) w.e.f.18.10.2014. However, after such extension of the benefit to the rank of OAS Group-A (JB) w.e.f.18.10.2014 vide notification dtd.29.01.2019, in the final gradation list published on 08.03.2019 of OAS Group-A (JB) Officers as on 31.12.2018, Petitioners’ names were not included.

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7.1. It is also found that ADM, Sundaragada vide his letter dtd.30.07.2019 requested Secretary, GA & PG Department for inclusion of the names of the Petitioners in the cadre of OAS Group-A (JB), taking into account the benefit of promotion extended in their favour w.e.f.18.10.2014.

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7.2. This Court taking into account the fact that Petitioners were extended with the benefit of promotion w.e.f.18.10.2014 vide notification dtd.29.01.2019, but could not find their place in the

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Page 4 of 5.

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final gradation list published on 08.03.2019 of OAS Group-A (JB) Officers as on 31.12.2018 and because of such non-inclusion of their names in the final gradation list dt.08.03.2019, Petitioners were not considered for their promotion to the next higher rank by the DPC, even though basing on the recommendation of the DPC, promotion was extended vide notification dt.31.03.2021 and 01.10.2022 under Annnexure-4 & 5.

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7.3. Therefore, this Court while disposing the writ petition, permits the Petitioners to move a fresh application before Opp. Party No. 1 for inclusion of their name in the final gradation list of OAS GroupA (JB) so published on 08.03.2019 and consider their eligibility to get the benefit of promotion to the next higher rank from the date such promotion was extended vide notification dt.31.03.2021 and 01.10.2022 under Annnexure-4 & 5 with all service and financial benefits by conducting a review DPC.

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7.4. It is observed that, if any such application is moved before Opp. Party No. 1 within a period of three (3) weeks hence, the said Opp. Party shall do well to take a lawful decision on the same within a further period of three (3) months from the date of receipt of such application with due communication to the Petitioners.

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The writ petition accordingly stands disposed of.

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Signature Not Verified

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Digitally Signed Signed by: SNEHANJALI PARIDA Sneha Reason: Authentication Location: High Court of Orissa, C utta ck Date: 03-Aug-2026 10:42:31

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(BIRAJA PRASANNA SATAPATHY) Judge

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Page 5 of 5.

Aswini Kumar Dash v. State of Odisha

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Aswini Kumar Dash v. State of Odisha

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