Orissa High Court
Prakash Kumar Chhatoi & vs State Of Odisha & Ors. ..... Opposite ... on 9 September, 2021
Author: B.R. Sarangi
Bench: B.R. Sarangi
1
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.27950 OF 2021
Prakash Kumar Chhatoi & ..... Petitioners
Ors.
Mr. S.K. Dalai, Advocate
Vs.
State of Odisha & Ors. ..... Opposite parties
Mr. J. Pattnaik, GA
CORAM:
DR. JUSTICE B.R. SARANGI
ORDER
26.08.2021 W.P.(C) No.27950 of 2021 And I.A. No.12896 of 2021 Order No. This matter is taken up through hybrid mode.
12. Heard Mr. S.K. Dalai, learned counsel for the petitioners and Mr. J. Pattnaik, learned Government Advocate.
3. The petitioners are working as GRS and are eligible for promotion to the post of Village Level Workers in view of provisions contained in Odisha Village Level Workers (Recruitment & Conditions of Services) Rules, 2008 and Amendment Rules, 2012 & 2013 and as per gradation list published on 23.11.2020.
4. Mr. S.K. Dalai, learned counsel for the petitioners contended that as per eligibility criteria prescribed in Clause-8 of the Odisha Village Level Workers (Recruitment & Conditions of Service) Rules, 2 2008, the Committee shall meet once in a year preferably in the month of January to prepare a list of Gram Panchayat Secretaries, as are held by them suitable for promotion to the post of Village Level Workers taking into account the existing vacancies and the anticipated vacancies of the year. The said rule has undergone amendment vide Notification dated 26.03.2013 and thirty per cent of the vacancies shall be filled up by way of selection from among the Gram Rojgar Sevaks (GRS). Accordingly, necessary instructions were issued by the Government on 20.04.2013 vide Annexure-4 prescribing modalities for grant of promotion from the post of GRS to the post of Village Level Workers in the district. Accordingly, gradation list for the district Nabarangpur was prepared, wherein the names of the petitioners found place in the said list. On 18.01.2021 the District Panchayat Officer, Nabarangpur called upon to hold DPC directing the District Welfare Officer, Nabarangpur to submit the reservation status and on 04.03.2021 the DWO, Nabarangpur has also complied the same. In view of the above, on 20.05.2021 clarification has been sought for by the Collector, Nabarangpur regarding promotion of GRS to the post of P.E.O. It is contended that though the same has been provided, promotion has not given to the petitioners, but in respect of other districts, the same has been implemented and promotion has already given. He further contended that promotion has not been given to the petitioners in the district of Kalahandi probably due to issuance of notice under Annexure-10 3 dated 29.07.2021 by the Government in Panchayatiraj & Drinking Water Department. In support of his contentions, he has relied upon the judgments of the apex Court in Union of India v. Vipinchandra Hiralal Shah, disposed of on 25.10.1996 wherein it is held that the vacancies of each year has to be filled up in the same year and Chairman, Railway Board v. C.R. Rangadhamaiah, (1997) 6 SCC 623 and State of Uttar Pradesh and others v. Mahesh Narain & others, 2013(4) SCC 169 in the same line.
5. In the considered opinion of this Court, the matter requires consideration.
6. Issue notice to the opposite parties both in main case as well as interlocutory application.
7. Three extra copies of the writ petition be served on the learned Additional Standing Counsel within three days, as he appears for opposite parties no.1, 2 and 4 to enable him to obtain instructions or file counter affidavit.
8. Requisites for issuance of notice to opposite party no.3 by speed post shall be filed within three days. Office shall send notice to the said opposite party fixing a short returnable date.
Issue urgent certified copy as per rules.
Alok (DR. B.R. SARANGI) JUDGE