JUDGMENT :

Dr. D.P.Choudhury, J.

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is stated that the petitioner was promoted to Grade-II Bench Clerk on 30.04.2014, which is only ten months after being superseded on 17.05.2013.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.

4. Per contra, a counter affidavit has been filed by the opposite party no.2 refuting the allegations made in the writ petition. It is the case of the opposite party no.2 that the petitioner, while working for the period from 18.01.2012 to 28.07.2012 and 03.08.2012 to 29.04.2013 as Bench Clerk to the learned J.M.F.C., Kujanga, he was awarded two adverse entries in his CCR by two successive Presiding Officers vide Annexure-A/2. Be it stated that the name of the petitioner was brought under zone of consideration for promotion to the next higher post in accordance with Rule 11 of Orissa District & Sub-ordinate Courts Non-Judicial Staff Services (Method of Recruitment and Conditions of Service) Rules, 2008 (hereinafter called as “the Rules, 2008”) and Orissa Civil Service (Zone of Consideration for Promotion) Rules, 1998 and other notifications of the State Government, but the DPC, in its meeting held on 17.5.2013, did not recommend the petitioner for promotion to the next higher post due to the adverse entries made in his CCR for the above two successive spell.

5. It is stated that the adverse entries made in the CCR of the petitioner is mainly related to the unbecoming conduct on the part of a Government servant being quarrelsome and mischief monger and instigate bar members against the P.O. As the DPC did not promote the petitioner for the reasons best recorded, he was not promoted to the next higher post. The Rule provides for promotion to