JUDGMENT

Murahari Sri Raman, J.

The challenge:

W.A. No.658 of 2023

This Appeal at the behest of the Commerce and Transport Department, Government of Orissa is directed against Judgment dated 24.02.2023 of the learned Single Judge of this Court passed in W.P.(C) No.35645 of 2021 (Sreepati Ranjan Dash) invoking Article 226/227 of the Constitution of India, whereby it has been concluded as follows:

'29. In view of the aforesaid analysis of fact as well as law and upon a conspectus of the materials placed before this Court and upon hearing the learned counsels appearing for the respective parties, this Court is of the considered view that the impugned order under Annexure-9 is unsustainable in law and the same is hereby quashed.

Further, the opposite party No.2, i.e., the Transport Commissioner-cum-Chairman, State Transport Authority, Orissa is directed to immediately convene the Departmental Promotion Committee and consider the case of the petitioner along with two other persons found eligible by him vide his Letter dated 03.09.2021 under Annexure-7 in the light of executive instruction dated 17.11.1981 and take a decision within a period of four weeks from the date of production of the cop