Orissa High Court
Dr. Babaji Charan Nayak vs State Of Odisha & Ors. ..... Opposite ... on 13 August, 2025
Author: Biraja Prasanna Satapathy
Bench: Biraja Prasanna Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No. 21283 of 2021
Dr. Babaji Charan Nayak ..... Petitioner
Mr. S.K. Bhanjadeo, Advocate
-versus-
State of Odisha & Ors. ..... Opposite Parties
Mr. C.K. Pradhan, AGA
Mr. T. Patnaik, Advocate
(Opp. Party No. 6)
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
13.08.2025 Order No. 04
1. This matter is taken up through hybrid mode.
2. Heard learned counsel appearing for the Parties.
3. Pursuant to order dtd.06.08.2025 learned counsel appearing for the Petitioner files an additional affidavit enclosing service book of the Petitioner, wherein the date of joining of the Petitioner has been taken as 07.04.1997. Copy of the additional affidavit along with memorandum dtd.31.03.2023 so produced in Court be kept in record.
4. Learned counsel appearing for the Petitioner contended that while rejecting his claim to get the benefit of promotion under 3 rd DACP vide order dt.28.01.2021 under Annexure-10, the period treated as extra ordinary leave was not taken into consideration as continuity in service. But in a case of similar nature, the benefit was extended vide order dtd.30.04.2020 under Annexure-7. It is accordingly contended that since similarly situated persons have got the benefit of promotion under 3rd DACP vide order dtd.30.04.2020 under Annexure-7, rejection of the Petitioner's claim on the ground indicated in the Page 1 of 2. impugned order under Annexure-10 is not sustainable in the eye of law.
5. Learned Addl. Govt. Advocate on instruction contended that the benefit extended vide order under Annexure-7 is under the active consideration of the State to withdraw, but he has no positive instruction as to whether the benefit has been withdrawn in the meantime or not.
6. To the submission made by the learned counsel for the State, learned counsel appearing for the Petitioner basing on the office memorandum issued by the Govt. in the Finance Department on 31.03.2023, contended that, Govt. has already taken a decision not to reopen all those cases, where the benefit of promotion under 3 rd DACP has been extended till the date of issue of the memorandum i.e.31.03.2023. Copy of the memorandum dtd.31.03.2023 is provided to the learned Addl. Govt. Advocate in Court.
7. Learned Addl. Govt. Advocate is directed to obtain instruction on the issue and apprise accordingly.
8. As requested, list this matter in the week commencing 8 th September, 2025.
(BIRAJA PRASANNA SATAPATHY) Judge Sneha Signature Not Verified Digitally Signed Signed by: SNEHANJALI PARIDA Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Aug-2025 10:40:25 Page 2 of 2.