LAWS(ORI)-2023-9-90

KARTIK SENAPATI Vs. STATE OF ODISHA

Decided On September 27, 2023
Kartik Senapati Appellant
V/S
STATE OF ODISHA Respondents

JUDGEMENT

(1.) The above named Petitioner, who had participated in the recruitment test conducted by the Odisha Public Service Commission (hereafter referred to 'OPSC') to the post of Odisha Civil Services-2020 under the Ex-serviceman category, has approached this Court by filing the present writ application with a prayer to quash the notice under Annexure-9 to the writ application dtd. 7/10/2022 and for a further direction to the Opposite Parties to consider the candidature of the Petitioner for the above-mentioned examination and declare him successful in the said examination and accordingly grant consequential benefits to the Petitioner.

(2.) The factual backdrop of the writ application, in a narrow compass, is that, after qualifying in +2 Examination the Petitioner joined the Indian Navy on 3/2/2006 for a tenure of 15 years. While working with the Indian Navy, the Petitioner opted for discharge from service on the completion of 15 years of service in the Indian Navy in the year 2019. As per the practice and regulations of the Indian Navy, the Petitioner was required to give two years prior notice for not continuing in service for any extended tenure beyond the initial 15 years of service. In course of his service in the Indian Navy, the Petitioner underwent special advanced training and as such, was required to serve for three years w.e.f. 1/5/2018 after completion of training.

(3.) After obtaining the NOC on 28/9/2020 wherein it has been specifically stipulated that the date of discharge of the Petitioner would be 30/4/2021. The Petitioner was interested in joining in a civil organization against the civil post. At that point of time, the petitioner came across the Advertisement No.7 of 2020-2021 published by the Odisha Public Service Commission inviting applications for the OCS Examination 2020. Accordingly, the petitioner submitted his online application on 28/1/2021 under the Ex-serviceman category along with NOC dtd. 28/9/2020 (like other Government servants). Last date for receipt of said application was notified to be 18/2/2021, which was later extended to 2/3/2021.