ISWAR CHANDRA PRADHAN Vs. STATE OF ORISSA REPRESENTED THROUGH THE SECRETARY, LAW DEPARTMENT AND OTHERS

JUDGEMENT

(1.) The petitioner, in this writ petition, assails the action of the opposite parties in not giving promotion to him. FACTS

(2.) The factual matrix leading to the case of the petitioner is that the petitioner entered into service in the judgeship of Cuttack on 15.12.1987 as a Junior Clerk and subsequently, he was promoted to the post of Grade-III Bench Clerk on 12.1.2012 by the order of the District Judge, Cuttack. While the petitioner was working satisfactorily, one adverse remark in the Confidential Character Roll (CCR) for the period from 03.08.2012 to 29.04.2013 was communicated to him on 06.06.2013. The said period relates to his incumbency in the Court of the learned J.M.F.C. (P), Kujanga. The petitioner submitted his representation (Annexure-2) to expunge the adverse remark made in his CCR on the ground stated therein. It is alleged inter alia that the Departmental Promotion Committee (hereinafter called as "the DPC") did not consider the case of the petitioner for promotion on the ground of adverse entry in his CCR. There was no preliminary enquiry as to the allegations made and no prima facie case was made out justifying denial of promotion to the petitioner. However, the batch-mates of the petitioner got promoted after superseding him. The criteria for promotion is normally made on the basis of merit-cum-suitability in all respect with due regard to the seniority. Moreover, while giving promotion, the DPC is to scrutinize the available preceding five years CCRs. It is stated that the petitioner was promoted to Grade-II Bench Clerk on 30.04.2014, which is only ten months after being superseded on 17.05.2013. It is alleged inter alia that the relevant rules have not been followed in this case while superseding him. Resultantly petitioner made representation on 19.8.2014 (Annexure-3) to restore his seniority with consequential relief, but that was rejected illegally on 23.2.2015.

(3.) Be it stated that the CCR of the petitioner has been made throughout good except the aforesaid period. So, the writ petition is filed to expunge the adverse entry made in the CCR of the petitioner for the period from 03.08.2012 to 29.04.2013 and to allow all service benefits including financial benefits with effect from 24.6.2013. The petitioner has also sought for the intervention of this Court for directing the opposite party no.2 to regularize the service of the petitioner.