IN THE HIGH COURT OF ORISSA AT CUTTACK W.A. No.3071 of 2024 Santosh Kumar Nayak …. Appellant Mr. S. K. Das, Advocate -versus-

State of Odisha and Ors. … Respondents Mr. S. K. Jee, AGA CORAM:

JUSTICE KRISHNA SHRIPAD DIXIT JUSTICE CHITTARANJAN DASH Date of Hearing: 06.05.2026 Date of Judgment: 18.05.2026 Chittaranjan Dash, J.

1. By means of the intra-Court Appeal, the Appellant calls in question the judgment and order dated 06.09.2024 passed by the learned Single Judge in W.P.(C) No.12673 of 2020, whereby the writ petition preferred by the Appellant came to be dismissed primarily on the ground that no vacancy was available in the promotional post of Foreman.

2. The case of the Appellant, in brief, is that he was initially engaged as Fitter Mechanic on NMR basis under the administrative control of the Executive Engineer, Public Health Division, Sambalpur in the year 1987. It is stated that the Appellant possesses matriculation qualification along with ITI certificate in Fitter Trade. The further case of the Appellant is that although similarly situated employees possessing ITI qualification and the employees not having qualification were also promoted and were regularised as Fitter Mistry