Orissa High Court
Dr.Basanta Kumar Sahoo vs State Of Odisha And Others .... Opp. ... on 4 August, 2023
Author: A.K. Mohapatra
Bench: A.K. Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.23331 of 2023
Dr.Basanta Kumar Sahoo .... Petitioner
Mr. Manas Kumar Swain,Advocate
-versus-
State of Odisha and others .... Opp. Parties
Mr.Saswat Das, A.G.A.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 04.08.2023
02. 1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate. Perused the Writ Petition as well as the documents annexed thereto.
3. The present Writ Petition has been filed with the following prayer :
" In view of the facts and circumstances mentioned above, it is therefore humbly prayed that the Hon'ble Court be pleased to issue a writ in the nature of writ of mandamus or any other appropriate writ/direction/order by directing the Opp.Parties No.1 & 2 to consider the hard copy of the PAR of the Petitioner and further to grant the consequential promotion/upgradation to level-15 of 3rd DACP under DACP Scheme from the date the junior to the Petitioner has been granted such benefit.
And Hon'ble Court be further pleased to pass any other order(s) direction(s) as deemed fit and proper in the facts and circumstances of the case to ensure justice in favour of the Petitioner;"
// 2 //
4. The factual background of the case involved in the present Writ Petition is that the Petitioner is a Doctor entered into Government service on 01.04.2021 on being appointed as Assistant Surgeon on ad hoc basis pursuant to letter under Annexure-1. Thereafter, on 25.01.2021 while the Petitioner was working as Assistant Surgeon, the Opposite Party No.2 issued a letter regarding consideration of CCR/PAR of the Petitioner. On 23.02.203 the Opposite Party No.4 submitted PAR/NRC of the Petitioner before the Opposite Party No.3 for consideration. While the matter stood thus, on 06.05.2023 the Opposite Party No.3 issued another instructions regarding submission of detail Biodata of the Medical Officers for consideration of promotion under DACP Scheme. The Opposite Party No.1 issued further instructions vide his letter dated 03.06.2023 along with a list of Medical Officers. Thereafter, on 06.06.2023, it is submitted by the learned counsel for the Petitioner, the Petitioner submitted the necessary details as sought for by the Opposite Parties. Finally, on 09.06.2023 the Opposite Party No.2 issued instructions on the issue with regard to instruction on PAR submitted online. However, there is no direction with regard to submission of hard copy of PARs submitted before the authority. Learned counsel for the Petitioner also contended before this Court that although the Petitioner is entitled to promotion to the rank of Junior Administrative Grade (JB) under Dynamic Assured Career Progression (DACP) Scheme, however, the Opposite Parties have not considered the same as of now. Accordingly, learned counsel for the Petitioner has approached this Court by filing the present Writ Petition.
5. Learned Additional Government Advocate on the other hand submitted that in view of the Government instructions, the PAR of // 3 // the Government employees has to be submitted on online mode otherwise the same will not be considered. Since the PAR was not submitted online and only a hard copy has been submitted, the case of the Petitioner has not been considered. However, the claim of the Petitioner has not been rejected by the Opposite Parties. Further, drawing the attention of this Court to Annexure-3 to the Writ Petition, learned Additional Government Advocate submitted that the detail of the Petitioner with regard to PAR/NRC has been submitted along with other similarly situated Government employees, which is still pending before the Opposite Party No.1 for consideration. Therefore, it was submitted by the learned Additional Government Advocate that in the event this Court directs the Opposite Parties to consider the case of the Petitioner for promotion under DACP Scheme in accordance with law he will have no objection to the same.
6. Learned counsel for the Petitioner further referring to an order dated 23.12.2020 passed in the matter of Dr.Dhananjay Ram-v.- State of Odisha and others in W.P.(C) No.33687 of 2020 submitted before this Court that in a similarly situated matter, this Court directed to submit hard copy of CCR of Dr.Ram, the Petitioner in the said Writ Petition and accordingly, the direction issued by this Court has been carried out by the Opposite parties.
7. Having heard learned counsel for the respective parties and on perusal of the materials available on record and keeping in view the order of a coordinate bench of this Court cited by the learned counsel for the Petitioner, this Court deems it proper to dispose of the Writ Petition at the sage of admission by directing the Opposite Party No.1 to consider the case of the Petitioner for promotion under the DACP // 4 // scheme taking into consideration the hard copy of PAR, if the same has not been uploaded in the website portal. In such view of the matter, the Petitioner is permitted to approach the opposite party No.1 along with certified copy of this order. In the event the Petitioner approaches, the Opposite Party No.1, the Opposite Party No.1 shall do well to consider the case of the Petitioner for promotion in the manner as has been directed herein above and take a decision within a period of four weeks from the date of communication of the certified copy of this order by the Petitioner. The final decision so taken be communicated to the Petitioner within two weeks thereafter.
8. With the aforesaid observation, the Writ Petition stands disposed of.
9. Issue urgent certified copy of this order as per Rules.
( A.K. Mohapatra) Judge RKS Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: Ex-A.R.-cum-Sr. Secretary Reason: Authentication Location: High Court of Orissa Date: 08-Aug-2023 11:27:56