IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.13398 of 2025 Sanghamitra Mishra ..... Petitioner Represented By Adv. - Nihal Rath, S.j.prakash -versus-

1) State Of Odisha ..... Opposite Parties

2) Principal Secretary To Govt., Represented By Adv. –

Home Dept., Odsha Mr. J.K.Bal, A.G.A.

3) Special Secretary To Govt., G.a.

And P.g. Dept., Odisha CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No. 12.05.2025

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioner as well as learned Additional Government Advocate for the State-Opposite Parties. Perused the writ application as well as documents annexed thereto.

3. The Petitioner has filed the present writ application with the following prayer:

“It is, therefore, most humbly prayed that this Hon’ble Court may graciously be pleased to Admit the writ application, to issue rule Nisi calling upon the opposite parties to show cause as to why the prayers made hereunder be not allowed. Upon showing insufficient cause/ no cause make the said Rule absolute. Issue writ/ writs in the nature of i. Mandamus directing the 0pp. parties to recast final gradation list dtd. 07.12.2021 under Annexure 10 and revised gradation list dtd. 06.01.2022 under Annexure 11 of Section Officers in the common cadre of Section officers of Heads of Department in term of Establishment Officers’ Recruitment Rules 2019 so also the final gradation list of establishment officer dt. 19.1.2023 under Annexure-12 by deleting the parameter of "Year of advertisement in such gradation lists declaring the same to be in contravention to G. A. & PG Resolution dtd. 9.9.2021 under Annexure 9 and decision of the Hon’ble Supreme Court dtd. 19.11.2019 in K. Meghachandra Singh V. Ningam Siro and others reported in Civil Appeal No.8833-8835 of 2019.

ii. To grant the consequential service and financial benefit to the petitioners after revising their position in the gradation list.

iii. And/or may pass such other writ/writs, order/orders, direction/directions as this Hon’ble Court may think fit and proper for the ends of justice.”

4. Learned counsel for the petitioner at the outset contended that initially the petitioner joined as Junior Assistant on 08.04.1988. Thereafter, the petitioner was promoted to the rank of Senior Assistant w.e.f. 13.08.2004 and to the post of Section Officer on 28.05.2019. While working as such the petitioner was given further promotion to the rank of Establishment Officer on 30.04.2022.

5. While working as an Establishment Officer a final gradation list of Section Officer was published in respect of the different heads of department on 24.06.2020 in which the name of the petitioner finds place at serial No.317. Another final gradation list which was published on 07.12.2021 the name of the petitioner finds place at serial No.130. He further contended that the final gradation list dated 07.12.2021 was further revised vide order No. 543 dated 06.01.2022 in which the name of the petitioner was placed against serial No.132. Learned counsel for the petitioner further contended that in view of the gradation list dated 19.01.2023 the name of the petitioner finds place in such gradation list of Establishment Officer at Serial No.95. He further contended that the petitioner is going to retire by end of this month i.e. 31.05.2025 has approached this Court with a prayer for a direction to the Opposite Parties to prepare the correct final gradation list by giving emphasis to the year of advertisement instead of date of joining of individual candidates. In the aforesaid context learned counsel for the petitioner referred to the judgment of this Court in Sudhansu Sekhar Mohanty and others vs. State of Odisha and others decided in W.P.(C) No.11683 of 2022 and batch of other cases vide a common judgment dated 28.03.2025. He further submitted that the case of the petitioner is squarely covered by the ratio laid down in the aforesaid judgment delivered by