NARAYAN MISHRA Vs. STATE OF ODISHA REPRESENTED

JUDGEMENT

(1.) In this writ petition, challenge has been made to the letter of the District Judge, Deogarh dated 01.11.2016 (Annexure-9) with further prayer to direct the opposite parties to allow the petitioner to join the Judgeship of Sambalpur.

(2.) FACTS The infiltrated factual matrix leading to the case of the writ petition is that the petitioner was appointed as a Junior Stenographer in the undivided judgeship of Sambalpur on 10.04.1995. While continuing as such, as in the year 2010 there was a proposal for creation of new judgeship of Deogarh, learned District Judge, Sambalpur, opposite party no.3 invited options from the Class-III and Class-IV employees of Sambalpur judgeship for being deployed to the newly created Deogarh judgeship and to work in the judgeship of Samblapur. The petitioner gave his option to work in the judgeship of Sambalpur. Without taking into consideration the option given by the petitioner, opposite party no.3 posted the petitioner as Senior Stenographer in the Court of the learned Chief Judicial Magistrate, Deogarh, but one Sri Jagatram Pradhan, who was working as a Senior Stenographer was allowed to continue in the judgeship of Deogarh as per his option.

(3.) Be it stated that, as per the G.A. Department Office Memorandum dated 13.12.1996 (Annexure-3), in case of creation of a new judgeship, the posts shall be filled up from the bottom of the cadre in the undivided judgeship by applying the "bottom-up" principle and since one Bijay Kumar Bhumij was junior to the petitioner, he should have been transferred to Deogarh judgeship as a matter of princple. The native place of the petitioner is at Sambalpur and his family members are residing there for which it is convenient for him to work in the judgeship of Sambalpur. On 24.04.2013, the petitioner made a representation to the opposite party no.3 and since the same was not considered, he approached this Court by filing W.P.(C) No.12645 of 2013, which was disposed of on 14.09.2016 directing the opposite party no.3 to dispose of the representation of the petitioner dated 24.04.2013 expeditiously.