Suvendu Kumar Routray v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 10566 of 2018 Suvendu Kumar Routray ....

Petitioner Mr. J.K. Mishra-2, Advocate -versusState of Odisha & others ....

Opp. Parties Mr. A.K. Nanda, Addl. Govt. Advocate

CORAM:

JUSTICE JASWANT SINGH JUSTICE M. S. SAHOO Order No.

ORDER

07.01.2022 03.

1. This matter is taken up through hybrid mode.

2. The petitioner in the writ petition challenges the office order dated 06.02.2018 passed by the Director of Treasuries and Inspection, Odisha Bhubaneswar/opposite party no.2 and the interim order dated 13.04.2018 passed by the learned Odisha Administrative Tribunal, Cuttack Bench, Cuttack in OA 504(C)/2018.

3. In the impugned order dated 13.04.2018 in the O.A., the learned Tribunal, while issuing notice, taking note of the submissions of the learned counsel for the applicant as well as the learned Government Advocate, refused to grant the interim prayer made by the applicant:

"not to give further promotion to irregular ad-hoc staff".

4. It is stated by Mr. Mishra, learned counsel for the petitioner that the Original Application (OA) was pending

// 2 // before the learned Administrative Tribunal when the Tribunal was abolished.

5. In our considered opinion, such an interim prayer at the initial stage is not tenable, inasmuch as, the petitioner was seeking for his promotion, for which the Court cannot grant a interim prayer preventing further promotion that may be granted to any of the employees.

6. Further, this Court has to take into consideration the fact that by orders of this Court, all the pending original applications stand transferred from the Tribunal after its abolition to this Court, which are to be taken up by the Single Bench of this Court.

7. The petitioner, if so advised, can seek any relief in the pending writ petition (transferred O.A.).

8. In view of the above, the writ petition is dismissed being devoid of any merit.

(Jaswant Singh) (M.S. Sahoo) Judge Judge January 7th, 2022 Cuttack RRJena/GS