JUDGMENT

Date of hearing : 03.01.2023 | Date of Judgment : 31.03.2023 A.K. Mohapatra, J.

The above noted writ petitions involve a common question of law and issue which is required to be adjudicated is based on a common set of facts. Accordingly, the writ petitions tagged and heard together and the same are being disposed by following common judgment.

W.P.(C) No.25821 of 2022

1. The petitioner being aggrieved by order dated 14.09.2022 passed by the Revenue Divisional Commissioner (S.D.), Berhampur-Opposite Party No.4 at Annexure-11 has knocked the door of this Court for justice, by filing the present writ application. While assailing the impugned order dated 14.09.2022 under Annexure-11 and praying for quashing the said order, the petitioner has also sought for a direction to the Opposite Parties to treat the CCR of the petitioner for the year 2015-2016, as “Outstanding” and issue a direction to the Opposite Parties to consider the case of the petitioner for promotion to “ORS Group-B” Cadre for recruitment year 2021 treating the required number of years of CCR as “Outstanding” and to promote the petitioner with all consequential and financial benefits. Shorn of all unnecessary detail, the factual matrix involved in the writ application, in a nutshell, is that the petitioner was selected by following regular process of selection for the post of Junior Clerk (Junior Revenue Assistant). After his due selection, the petitioner was appointed and accordingly, the petitioner joined as Junior Clerk (Junior Revenue Assistant). While working as such, the petitioner got promotion to the rank of Senior Clerk (Senior Revenue Assistant) on

01.07.2009. Since the date of his promotion as Senior Revenue Assistant, the petitioner has been continuing as such, till date under the Administrative Control of the Collector, Rayagada.

2. While the petitioner was continuing in service, in exercise of power conferred by the proviso to Article 309 of the Constitution of India, Governor of Odisha introduced a set of rules called as Odisha Revenue Service (Recruitment) Rules, 2011 to regulate the methods of recruitment and conditions of service of persons appointed to the Odisha Revenue Service. In view of Rule-4(a) of the 2011 Rules, 50% of the total posts are required to be filled up by direct recruitment. Further in terms of Rule 4(b), 30% of total posts are required to be filled up by way of promotion as envisaged under Rule-6. The balance 20% posts are to be filled up by way of selection in terms of Rule-4(c).

3. While the petitioner was continuing as Senior Revenue Assistant under the Collector, Rayagada, the Board of Revenue Odisha, Cuttack- Opposite Party No.3 vide letter dated 18.11.2020 requested all RDCs, Inspector General of Registration, Director, Land Records and Survey, Director Consolidation, Odisha Cuttack to recommend the names of the officers having “Outstanding” CCR and ability, who are within 53 years of age with attested copies of five years of CCR for the recruitment year

2020 for recruitment to ORS(Group-B) by way of promotion for the recruitment year 2020 in terms of Rule, 4(b) of the Rules, 2011.

4. The Collector, Rayagda (Opposite Party No.5) vide his letter dated 15.12.2020 had recommended the names of nine eligible Senior Revenue Assistants including the name of the petitioner in a prescribed proforma strictly on the basis of seniority maintained in the district office for consideration of their cases for promotion to ORS (Group-B) Cadre. So far the petitioner is concerned, the Opposite Party No.5 had recommended his case with attested copies of the CCR of five years out of which four years with “Outstanding” remark and one year i.e. 2015- 2016 with “Very Good” remark. So far the year 2015-2016 is concerned, it has been stated that although Reporting Officer had given “Outstanding” remark, which had been reviewed and the same has been modified to “Very Good” by the Reviewing Authority.

5. While the matter stood thus, the Revenue Divis