JYOSTNAMAYEE MISHRA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This Court had been called upon to examine the validity of an order passed by the Court below where the parties failed to produce proper documents or annexed incorrectly typed documents. This does not happen in isolation, rather is a routine, which sometimes results in miscarriage of justice in case the issues are not examined in detail with proper assistance of the parties, especially the State where it is party to the lis. It may also put the Court to ridicule.

(2.) The challenge in the present petition is to the order of the High Court [High Court of Orissa at Cuttack] dtd. 12/10/2022 passed in Writ Petition [Writ Petition Civil (OAC) No.18463 of 2017] filed by the State where the order passed by the Tribunal [Orissa Administrative Tribunal, Bhubaneshwar] dtd. 8/1/2016 in an application [O.A. No.1696 of 2010] filed by the petitioner was set aside.

(3.) An interesting issue which arises is as to whether an employee in an establishment is entitled to claim promotion on a post for which he does not fall in the feeder cadre and the post is required to be filled up 100% by way of direct recruitment? Another important issue is whether a vacancy meant for direct recruitment can be filled up merely by issuing a circular in the establishment and not by issuing an advertisement calling application from the eligible candidates from public at large?