Orissa High Court
Dr.Niranjan Mishra vs State Of Odisha And Others .... Opposite ... on 8 May, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.12642 of 2025
Dr.Niranjan Mishra .... Petitioner
Mr.Budhadeb Routray, Sr,Advocate
-versus-
State of Odisha and others .... Opposite Parties
Mr.M.R.Patra, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
Order No. 08.05.2025
01. 1. This matter is taken up through Hybrid Arrangement
(Virtual/Physical Mode).
2. Heard Mr.B.Routray, learned Senior counsel for the petitioner and learned counsel for the State. Perused the writ petition and the documents annexed thereto.
3. The petitioner has filed the present writ application with the following prayer:
"It is therefore, most humbly prayed that this Hon'ble Court be graciously pleased to
i) Admit the writ application.
ii) Call for the record.
iii) Issue a writ in the nature of Mandamus or any other appropriate writ/writs, order /orders, direction/ directions directing the Opp. Party No.1 to promote the present petitioner to the post of Professor in Oral & Maxillofacial Surgery in SCB (Dental) College w.e.f. 01.07.2022 as has been done in the case of other similar situated Associate Professors under Annexure-
5, within a time frame to be stipulated by this Hon'ble Court.
Page 1 of 5iv) And/or pass any other order/orders, direction/directions as this Hon'ble Court deems fit and proper for the ends of justice.
And for the said act of kindness, the petitioner as in duty bound shall ever pray."
4. The factual background for filing of the present writ petition is that pursuant to an advertisement dated 17.08.2010 issued by the OPSC, being an aspirant for the post of Assistant Professor in various disciplines under the Health and Family Welfare Department, Govt. of Odisha, the petitioner who had submitted his candidature along with other eligible candidate, was selected and appointed as Asst. Professor in Oral and Maxillofacial Surgery vide letter dated 14.11.2012 under Annexure-1 to the writ petition. While working as such, the petitioner was promoted to the post of Asst. Professor on 10.08.2017 under Annexure-2 to the writ petition. While this was the position, on 08.12.2021, the opposite party No.1 issued a notification on 08.12.2021 where under the opposite party No.1 sought for research publication of the petitioner in order to promote him to the post of Professor. In the meanwhile, the post of Professor in the discipline of Oral and Maxillofacial Surgery was vacant with effect from 01.07.2022. Learned Senior counsel for the petitioner draws attention of this Court to letter under Annexure-6 and emphatically contended that the post of Professor was lying vacant since 01.07.2022 and by that time the petitioner was complying all eligibility criteria to be appointed for the said post of Professor. Since no action has been taken by the said opposite party to promote the petitioner to the post of Professor, the petitioner was compelled to file W.P. (C) No.2831 of 2023. This Court vide order dated 14.02.2023 disposed of the writ petition directing the opposite party No.1 to take a decision on the grievance of the petitioner within a period of three months. Since the order passed by this Court in Page 2 of 5 earlier writ petition was not carried out, the petitioner was compelled to approach this Court by filing CONTC No.4308 of 2023. Such contempt application was disposed of on 07.07.2023 by granting one month time to the contemnor - opposite party to comply with the order of the Court. The opposite party No.1 on 05.08.2023 wrote a letter to the petitioner intimating him that steps have been taken for placing the case of the petitioner in its next Board meeting. Finally, the petitioner has been promoted to the post of Professor and he has been specifically asked by opposite party No.2 to submit his preference on or before 27.12.2023. The petitioner immediately submitted his preference before opposite party No.2. Since no action was taken on the preference submitted by the petitioner, the petitioner was again compelled to approach this Court by filing W.P. (C) No.10163 of 2024. This Court vide order dated 30.07.2024 directed the opposite party No.1 to take immediate steps in the matter. On 05.08.2024, the petitioner has been given promotion and posted as Professor in S.C.B. Dental College and Hospital in the discipline of Oral and Maxillofacial Surgery under Annexure-14 to the writ petition.
5. Learned Senior Counsel for the petitioner submits that the sole grievance of the petitioner in the present writ petition is that although the post under which the petitioner was promoted and appointed was long vacant since 01.07.2022, but the opposite party did not take any step to fill up the post immediately as the petitioner was eligible for such post. Inordinate delay on the part of the opposite party to fill up the post in question means that the petitioner has lost his seniority to the post of Professor as it is stated that the petitioner who have been appointed from the date the aforesaid post was vacant, i.e., with effect from 01.07.2020. He further submits that although detailed Page 3 of 5 representation (s) are filed before opposite party No.1 on 03.11.2024 and 16.04.2025 under Annexure-15 series to the writ petition, however, no decision has been taken on the said representations. Being aggrieved such inaction of opposite party No.1, the petitioner has preferred this Court by way of the present writ petition. He further submits that Dr.Fakir Mohan Debata who was initially appointed along with the petitioner has been given promotion to the post of Professor by notification dated 08.12.2021 and accordingly he has been promoted on 11.03.2022.
6. Learned counsel for the State, on the other hand, contended that he does not have specific instruction in the matter. However, considering the pleadings in the writ petition, it appears that the grievance of the petitioner is pending before opposite party No.1. In such view of the matter, learned counsel for the State contended that in the event this Court directs the opposite party No.1 to consider the representation of the petitioner under Annexure-15 series to the writ petition in accordance with law in a time bound manner, he has no objection to the same.
7. Having heard learned counsel for the parties and after carefully examination of all the background facts as well as the documents annexed to the writ petition, this Court observed that the grievance of the petitioner is still pending before the opposite party No.1 for consideration. In such view of the matter, this Court disposes of the writ petition directing the opposite party No.1 to consider the representations of the petitioner under Annexure-15 series dated 03.11.2024 as well as 16.04.2025, within a period of two months from the date of communication of the certified copy of this order in accordance with law, keeping in view the fact that Dr.Fakir Mohan Page 4 of 5 Debata has been given promotion to the post of Professor who was also appointed analogously to that of the present petitioner initially. It is made clear that the representations of the petitioner shall be disposed of by opposite party No.1 by passing a speaking order, within the aforesaid time bound. The decision which shall be taken by the opposite party No.1, shall be communicated to the petitioner forthwith.
8. Issue urgent certified copy of this order as per rules.
(A.K.MOHAPATRA) JUDGE Bichi Signature Not Verified Digitally Signed Signed by: BICHITRANANDA SAHOO Designation: Secretary Reason: Authentication Location: Orissa High Court Date: 09-May-2025 14:30:14 Page 5 of 5