Sri Pratap Kumar Singh v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.C. (OA) No.1210 of 2014 Sri Pratap Kumar Singh ....

Petitioner None -versusState of Odisha & Others ....

Opposite Parties Mr. P.K. Mohanty, ASC

CORAM:

JUSTICE M.S. RAMAN

ORDER

21.10.2022 Order No.

02.

1.

The Petitioner, being aggrieved by faulty preparation of the gradation list, assailed the inaction of the authorities in not promoting him to the post of Pump Operator in Prachi Division has filed the afore-noted case.

2.

None appeared for the Petitioner at the time of call. 3.

Mr. P.K. Mohanty, Aditional Standing Counsel pressed paragraph-4 of the counter, which is extracted hereunder:- "That as per the averment made in Para 6.5 and 6.6 of the O.A, it is to state that, the Hon'ble OAT while passing the order No.50, dated 03rd September, 2013 in OA No.947 of 2004 in the matter of Sri Bijay Kumar Sahoo-Vrs-State and Others, directed the State respondents as follows: I) To verify the seniority list of Helper to Pump Operator who have been engaged after 12.04.1993.

II) If on such verification the applicant Sri Bijay Kumar Sahoo stands senior then reinstate the applicant with effect from the date of his retrenchment i.e. 07.08.04 with the service benefits and such as seniority in the post of

// 2 // Helper to Pump Operator with effect from the initial date of joining i.e. 01.01.2000 without any financial benefit following the principles of "No work no Pay".

That in obedience to the order of the Hon'ble Tribunal the seniority list of Helper to Pump Operator has been prepared and due to post based seniority the name of the Applicant does not appear in the post of Helper to Pump Operator as Sri Pratap Kumar Singh was engaged initially as Semi Skilled Mulia and assigned duty of Helper to Carpenter." 4.

In view of the above position, this Court finds no merit in the writ petition. Hence, the writ petition is dismissed. (M.S. Raman) Judge Laxmikant