Orissa High Court
WP(C)/19512/2026 of PRAMOD KUMAR NANDA Vs STATE OF ORISSA on 2 September 2026
of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 19512 of 2026 CNR No.ODHC010459782026 Pramod Kumar Nanda ..... Petitioner Mr. M. Pati, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. P.K. Sahoo, ASC CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 19512 of 2026
CNR No.ODHC010459782026
Pramod Kumar Nanda
.....
Petitioner
Mr. M. Pati, Advocate
-versus-
State of Odisha & Ors.
.....
Opposite Parties
Mr. P.K. Sahoo, ASC
CORAM:
THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY
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ORDER
02.09.2026 Order No. 04
1. This matter is taken up through hybrid mode.
2. Pursuant to order dated 01.07.2026, learned Addl. Standing Counsel produced the instruction so provided by the office of the Collector & District Magistrate, Dhenkanal. The same be kept in record.
3. Heard learned counsel for the Parties.
4. The present Writ Petition has been filed inter alia with the following prayer:- “The petitioner therefore prays that your lordships may graciously be pleased to quash the order of rejection dated 05.05.2026 under Annexure-9 and direct the Opp. Party No. 3 to convene a DPC for promotion to the post of Establishment Officer within a stipulated time taking into consideration letter dated 02.01.2026 under Annexure-6 and benefits extended to similar situated employees to different districts under Annexure-10series.
And pass such order/ directions as this Hon'ble Court may deem fit and proper.
And for this act of kindness, the petitioner as in duty bound shall ever pray.”
5. It is contended that even though there is another set of rule so issued by the GA & PG Dept. vide Notification N.7584 dated 08.03.2019, which governs the service condition of OMS (Method of Recruitment and Conditions of Services of Establishment Officer & Senior Establishment Officer in the office of the District Offices), but on the ground that there is no such rule being framed for recruitment and service condition beyond the rank of section officer, Petitioner’s claim was rejected vide the impugned order dated 05.05.2026 under Annexure-9.
5.1. It is contended that such claim of the Petitioner was rejected only on the ground that GA Dept. Notification No.7593 dated 08.03.2019, only contains the service condition of Odisha Ministerial Service up to the rank of Section Officer.
5.2. It is contended that since vide notification No.7584 dated 08.03.2019, there is another set of rule being framed by the GA & PG Dept., governing the service conditions of Odisha Ministerial Service up to the rank of Establishment Officer and Senior Establishment Officer, the impugned order needs a reconsideration by the Opp. Party No.3.
6. Learned Addl. Standing Counsel basing on the instruction also fairly contended that there are two sets of rule being framed and issued by the GA & PG Dept. vide Notification No.7593 dated 08.03.2019 and 7584 dated 08.03.2019. While Notification No.7593 dated 08.03.2019 deals with the service condition Odisha Ministerial Service up to the rank of Section Officer, Notification
No.7584 deals with the service condition of Odisha Ministerial Service up to the rank of Senior Establishment Officer.
7. Having heard learned counsel for the Parties and considering the submission made, this Court from the instruction finds that there are two sets of rules being framed on the same date vide two different notification and Petitioner’s claim has been rejected only on the ground that as per notification No.7593 dated 08.03.2019, the service condition of Odisha Ministerial Service up to the rank of Section Officer, is in force. This Court however relying on the other notification issued vide notification No.7584 dated 08.03.2019, is of the view that service condition of Odisha Ministerial Service up to the rank of Establishment Officer and Senior Establishment Officer is already there in force and without looking at the same, petitioner’s claim was rejected vide the impugned order dated 08.07.2026 under Annexure-9.
7.1. In view of the aforesaid position, this Court while quashing the impugned order dated 05.05.2026 so issued by Opp. Party No. 3 under Annexure-9, directs the Opp. Party No. 3 to take a fresh decision on the Petitioner’s claim in accordance with law and relying on the Notification No.7584 dated 08.03.2019. Such a fresh decision be taken within a period of three (3) months from the date of receipt of this order with due communication.
8. Accordingly, the Writ Petition stands disposed of.
(BIRAJA PRASANNA SATAPATHY)
Judge
Jyoti Digitally Signed Signed by: JYOTIPRAVA BHOL Reason: Authentication Location: HIGH COURT OF ORISSA Date: 08-Sep-2026 11:19:48 Signature Not Verified