DURGA PRASANNA CHOUDHURY Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONER, who is functioning as Director of Orissa Judicial Academy in the cadre of District Judge of the Orissa Superior Judicial Service (Senior Branch), is before this Court seeking for issuance of a writ of mandamus directing the opposite parties 1 and 2 to extend the benefit of promotion to the post of Additional District Judge ( District Judge Cadre) and to the post of Selection Grade District Judge with effect from the date the next juniors to him got the benefit of promotion to the said post as well as Selection Grade District Judge urging various facts and legal contentions. PETITIONER has further sought for a direction to opp.parties 1 and 2 to place him above the opposite parties 3 to 13 in the Gradation List/ Civil List of the year 2006 prepared and circulated by opposite party no.2.

(2.) THE brief facts, which are relevant for the purpose of appreciating the rival factual and legal contentions urged on behalf of parties to find out as to whether the petitioner is entitled to the relief as sought in this writ petition, are as follows:

(3.) THE first point is required to be answered in favour of the petitioner for the following reasons.