Madhabananda Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.5469 of 2022 Sridhar Prasad Jena ....

Petitioner Mr. Arun Kumar Acharya, Adv.

-versusState of Odisha and Ors.

....

Opposite Parties Mr. Biplaba Mohanty, SC (for SME Deptt.)

CORAM:

DR. JUSTICE S.K. PANIGRAHI Order No.

ORDER

21.12.2022 (W.P.(C) Nos.5469, 5472, 5473, 5475, 5477, 5479, 5484, 5486, 5487 and 5489 of 2022) 12.

1.These matters are taken up through hybrid arrangement.

2. Learned counsel for the parties are present. Order prepared in separate sheets is delivered and pronounced in open Court in the presence of learned counsel for the parties and the order is passed accordingly as follows:-

3. In conspectus of the above facts and guided by the precedents stated hereinabove, this Court is of the view that the Petitioners being senior to Sri Gagan Chandra Das are entitled to get promotion notionally to the post of Headmaster from the date Sri Das got such promotion i.e., 26.03.1993. Accordingly, the Opposite Parties are

// 2 // directed to consider the notional promotion of the Petitioner with effect from 26.03.1993 and the actual financial benefits be extended in his favour from the date of order of promotion of the Petitioner to the post of Headmaster. The entire exercise be completed within a period of three (3) months from the date of communication of this order.

4. In the final evaluation, the Writ Petition is hereby allowed. Accordingly, all the above mentioned Writ Petitions are disposed of being allowed. There shall be no order as to costs.

(Dr. S.K. Panigrahi) Judge B.Jhankar