Dhuli Charan Moharana v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC(OAC) No.2362 of 2012 Dhuli Charan Moharana ....

Petitioner None -versuss State Of Odisha and others ....

Opposite Parties Mr. P.C. Das, ASC for State

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

18.02.2022 1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

None appears for the Petitioner when the matter is called. Heard Mr. P.C. Das, learned Additional Standing Counsel for the State.

3.

The present writ petition has been filed by the Petitioner for a direction to the Opposite Party No.2 to act upon the gradation list as per Annexure-3 series, dated 26.05.2011 and 20.06.2012 by giving promotion to the Petitioner to the post of Joint Director, Soil Conservation, Level-II with seniority along with all consequential benefits from the date of Opposite Party No.3, who is Junior to the Petitioner is enjoying such benefit.

4.

On a perusal of the counter affidavit filed by the StateOpposite Parties, it is seen that the Petitioner had retired from service on attaining the age of superannuation on 31.07.2012, i.e. much prior to filing of the Original Application in the Orissa Administrative

// 2 // Tribunal. Therefore, the promotion to the rank of Joint Director, Soil Conservation, Level-II has been rendered infructuous. A copy of the Office Order No.14866 dated 13.07.2012 has been annexed to the Counter Affidavit showing herein that Petitioner is retiring from Government Service with from 31.04.2012 (A.N.). 5.

In such view of the matter, no further relief can be granted to the Petitioner. Accordingly, the writ petition stands disposed of as infructuous.

UKSahoo ( A.K. Mohapatra ) Judge