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Orissa High Court

Dr. Niranjan Mishra vs State Of Odisha And Another .... ... on 30 July, 2024

Author: R.K. Pattanaik

Bench: R.K. Pattanaik

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     W.P.(C) No.10163 of 2024
             Dr. Niranjan Mishra                         ....               Petitioner
                                                   Mr. B. Routray, Senior Advocate


                                             -Versus-


             State of Odisha and another                 ....        Opposite parties
                                                            Mr. B.P. Tripathy, AGA

                          CORAM:
                          MR. JUSTICE R.K. PATTANAIK
                                            ORDER

30.07.2024 Order No.

05. (This matter is taken up through virtual mode)

1. Heard Mr. Routray, learned Senior Advocate appearing for the petitioner and Mr. Tripathy, learned AGA for the State.

2. Instant writ petition is filed by the petitioner for a direction to the opposite parties to issue him positing order to the post of Professor in Oral & Maxillofacial Surgery in SCB (Dental) in terms of the preference exercised and intimated vide Annexure-11.

3. Referring to Annexure-10 and subsequent preference of the petitioner as at Annexure-11, it is submitted by Mr. Routray, learned Senior Advocate that the petitioner has been given promotion and he is only required to be posted as per the preference but there has been inordinate delay in the meantime.

4. Pursuant to this Court's order dated 19th July, 2024, the State was directed to obtain the instructions and report back. Today, Mr. Tripathy, learned AGA for the State is ready with the instructions received and informed to the Court that necessary steps are being taken by the Government to issue posting order in favour of the petitioner.

5. A copy of the instruction received by Mr. Tripathy, learned AGA for the State is served on Mr. Routray, learned Senior Advocate for the petitioner. Referring to the said instructions, Mr. Routray, learned Senior Advocate further submits that three of the Associate professors have forgone their promotion in the meantime as against the applications received. Under the above circumstances, it is contended by Mr. Routray, learned Senior Advocate that since promotion is already given to the petitioner, who is waiting for the posting only, in view of instructions received and submitted to the Court today, a specific time line should be fixed for the posting order.

6. Considering the submission of Mr. Routray, learned Senior Advocate for the petitioner and Mr. Tripathy, learned AGA for the State and since instructions furnished to the Court that Government is to be moved forthwith for positing of the petitioner, the Court is of the view that such positing should be immediately worked out in terms of the preference exercised by him as per Annexure-11 within a stipulated period and necessary direction is required to be issued in that regard.

7. Hence, it is ordered.

8. In the result, the writ petition stands disposed of with a direction to opposite party No.1 to forthwith issue posting order as per the preference exercised under Annexure-11 in favour of the petitioner preferably within ten days from the date of receipt of a copy of this order.

9. Urgent copy of this order be issued as per rules.

Signed by: ROJINA SAHOO                                                             (R.K. Pattanaik)
Designation: Junior Stenographer
Reason: Authentication                                                                  Judge
Location: OHC, TC
Date: 31-Jul-2024 14:15:53
                              Rojina



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