Baleswar Nayak v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
WPC(OAC) No. 336 of 2013 Baleswar Nayak ....
Petitioner Mr. S. Behera, Advocate -versusState of Odisha & others ....
Opp. Parties Mr. Rajesh Tripathy, Addl. Standing Counsel
CORAM:
JUSTICE M.S. SAHOO Order No.
ORDER
07.03.2022 02.
RJ This matter is taken up through hybrid mode.
When the matter was last taken up by this Court on 25.02.2022, the following order was passed:- "The writ petition has been registered before this Court on 3rd December, 2021, after the original application was transferred from the learned State Administrative Tribunal, Cuttack Bench, Cuttack upon its abolition.
On perusal of the available order sheets of the learned Tribunal, it is indicated that the matter was never taken up after 22.08.2013.
The original application was filed in the year before the learned Tribunal, by the applicant(petitioner) while working as a Class-IV (Group 'D') employee in Community Health Centre (C.H.C), Boriguma in the district of Koraput stating that the applicant was helping the Doctors as well as Pharmacist and discharging his duties in operation theatre and in the process he has gathered lot of experiences after rendering 17 years of service and it was strongly felt by the applicant that he should get promotion to the post of MultiPurpose Health Worker (Male) for which he made an application which was forwarded by the Medical Officer in-charge, C.H.C., Borigumma dated 30.04.2012.
It is submitted by the learned Standing
// 2 // Counsel that the post of Multi-Purpose Health Worker (Male), though belongs to Group-'C', for the nature and requirement of the job, to work in a Hospital, the minimum qualification is Diploma in Pharmacy from a Govt. recognized institution registered with the Orissa Pharmacy Council.
It is submitted by the learned counsel for the petitioner that the petitioner wanted to get promotion to Group-'C' post and relies on the Govt. of Odisha, G.A. Department Resolution dated 29.07.2010 (Annexure-4).
Learned Standing Counsel submits that the said resolution does not help the case of the petitioner inasmuch as the petitioner on his own volition applied for getting promotion to the post of Multi-Purpose Health Worker (Male) which had to be rejected for lack of qualification and the admitted case of the petitioner is that he has only passed the High School Certificate Examination before entering Group-'D' service in the hospital.
Learned counsel for the petitioner submits that he may be accommodated for a short time to obtain up-to-date instruction.
Prayer as sought for is allowed.
List on 7th March, 2022."
Learned counsel for the petitioner submits that he has no up-to-date instruction to pursue the matter for the present.
Accordingly, the writ petition is disposed of due to lack of instructions from the petitioner.
(M.S. Sahoo) Judge