Promotion decisions must adhere to principles of equality, and discrimination against eligible candidates, based on administrative failures, violate constitutional rights under Articles 14 and 16.

JUDGMENT :

Aditya Kumar Mohapatra, J. -

By filing the present writ petition, the Petitioner has prayed for issuance of writ of mandamus to the Opposite Party No.2 with a direction to correct her surname from “Supravanalini Rout” to “Suprava Nayak” in the seniority list under Annexure-1. A further prayer has also been made for a direction to the Opposite Parties to consider the prayer of the Petitioner for promotion to the post of Assistant Nursing Superintendent keeping in view her seniority in the gradation list and to give her promotion w.e.f. the date her immediate junior, namely, Smt. Baijayantimala Sahoo (Serial No.93 in the common gradation list of Nursing Officers as on 01.11.2022 under Annexure-6) was given such appointment with effect from 21.01.2023 under Annexure-4 to the writ petition. Accordingly, the Opposite Parties be further directed to grant notional promotion w.e.f. 21.01.2023 along with all consequential service and financial benefits as is due and admissible to the Petitioner in terms of the Odisha Nursing Service (Method of Recruitment and Conditions of Service) Amendment Rules, 2020. Petitioner has also prayed for a direction to the Opposite Parties to consider the case of the Petitioner for further promotion after giving promotion to the post of Assistant Nursing Superintendent as per the rules.

2. The factual backdrop of the Petitioner’s case, in short, is that the Petitioner was initially appointed in service on 04.01.1991 by the Director of Health Services and she was posted at S.C.B. Medical College and Hospital, Cuttack. While working as such, the surname of the Petitioner was changed from “Suprava Nalini Rout” to “Suprave Nayak” by order of the Superintendent, S.C.B. Medical College & Hospital on 20.08.2005. While the matter stood thus, on 04.11.2020, the Orissa Nursing Service (Method of Recruitment & Conditions of Service) Rules was amended thereby prescribing a fresh criteria for promotion. On 25.11.2022, a final common gradation list of the Nursing Officers was prepared and published by the Opposite Party No.2.

3. While this was the position, on 29.12.2022, a DPC meeting was convened and held to consider the case of the Nursing Officers for promotion to 381 posts of Assistant Nursing Superintendent. It appears that the Petitioner, along with other candidates in the gradation list, were eligible to be considered for such promotion as they were satisfying the eligibility criteria as has been laid down in the amended rules of the year 2020. Finally, vide order dated 21.01.2023 promotion orders in respect of 77 Nursing Officers to the post of Assistant Nursing Superintendent was issued without considering the case of the Petitioner for promotion to the post of Assistant Nursing Superintendent. Thereafter, the Petitioner submitted a representation on 26.01.2023 before the Opposite Party No.2. Such representation was duly forwarded to the office of the Opposite Party No.5 for carrying out necessary correction of the name of the Petitioner as has been reflected in the final gradation list.

4. The pleadings further reveal that another restructuring of Nursing Cadre took place in the year 2023. Accordingly, a restructured gradation list was published by the Health & Family Welfare Department on 04.12.2023. On 18.04.2024, the Health & Family Welfare Department, Government of Odisha vide Resolution No.9661 created extra promotional posts of Nursing personnel. On 04.06.2024, the Petitioner again submitted another representation before the Opposite Party No.2 through the Opposite Party No.5 to consider her case for promotion to the next higher post. Since no action