Brundaban Jani v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.40600 of 2021 Brundaban Jani ....

Petitioner Mr. S.C. Puspalaka, Advocate -versusThe State of Odisha and others ....

Opposite Parties Mr. T.K. Praharaj, Standing Counsel

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

04.01.2022 Order No.

01.

1.

Heard learned counsel for the parties and perused the records.

2.

Challenging the inaction of the Director, S.T. & S.C. Development Department, Bhubaneswar, Opposite Party No.2, the present writ petition has been filed by the Petitioner. 3.

Mr.S.C. Puspalaka, learned counsel for the Petitioner submits that he has submitted a representation dated 10.03.2021 before the Opposite Party no.2 to consider his grievance in accordance with the provision of Rule 10 of Odisha Subordinate Tribal Welfare Education (Recruitment and Condition of Service) Rules, 1993 (in short 'the Rule'). It is further submitted that the Committee constituted under Rule 9 shall meet as and when necessary and prepared the list of suitable eligible candidates for promotion to the post of senior grade. Further, the persons who have

// 2 // completed at least 7 years of continuous service in junior grade post on the 1st day of January of the year in which recruitment is made and have satisfactory records of performance and conduct and passed the prescribed departmental examination/training shall be considered for promotion. It is also submitted that to give promotion, a gradation list has to be prepared by the Authority as per the rules referred to hereinabove. Further a submission is made that the Petitioner has requisite qualification to get promotion in the aforesaid rules, it is because of the inaction of the Opposite PartiesAuthority, his case has not been considered for promotion as of now. 4.

Considering the submissions made and without going into the merits of the case, this Court disposes of the writ petition with a direction to the Opposite Party No.2 to dispose of the representation of the Petitioner in accordance with the aforesaid rules by passing a speaking and reasoned order within a period of eight weeks. It is needless to mention here that any decision taken shall be communicated to the Petitioner within a period of ten days from the date of such decision on the representation of the Petitioner. 5.

The writ petition is accordingly disposed of. (A.K. Mohapatra) Judge U.K.Sahoo