To

The Additional Chief Secretary to Government,

Home Department.

Sub: Representation for promotion to the post of Section Officer from Asst. Section
Officer in OSS cadre – regd.
Sir,
With due respect and humble submission, We the following Asst. Section Officers
of Odisha Secretariat Service Cadre, beg to state that the Hon'ble Supreme Court in SLP
(C) No.30621/2011 has directed that the pendency of this Special Leave Petition shall
not stand in the way of Union of India taking steps for the purpose of promotion from
“reserved to reserved” and “unreserved to unreserved” and also in the matter of
promotion on merits which has been communicated to All Departments by GA & PG
Department intimating necessary action wherever required may be taken as per the
instructions issues by the Govt. of India vide letter dt.14.07.2022 (Copy enclosed).
It is also brought to your kind notice that the GA & PG Department vide their
letter dt.29.06.2021 has requested all Departments that the following observation of
Hon’ble Supreme Court may be kept in view while dealing with matters that remain dead
lock for months together due to the stay order passed by the Hon’ble Courts (copy
enclosed).
“The Hon'ble High Court, Orissa, while disposing the W.P. (C) No. 2863 of 2021
(State of Odisha & others Vrs Shibashis Kar) vide Order No.03 dated 19.03.2021, citing
the authority of the Hon'ble Supreme Court have observed that as per decision of the
Hon'ble Supreme Court held in case of Asian Resurfacing of Road Agency Private Ltd.
and another v. Central Bureau of Investigation in Criminal Appeal No. 1375-1376/2013
and clarified in MA No.1577/2020 vide order dated 15.10.2020, any stay order passed by
any Court cannot remain effective beyond six months unless a specific order has been
passed by the Court.”
Further, the Hon’ble Apex Court, vide order dated 11.05.2022 in SLP No.
14996/2021 filed by Sri Arjun Murmu Vrs. State of Odisha & others and in SLP No.
17933/2021 filed by Sri Radhamohan Hembram Vrs. State of Odisha & others, have
concluded the hearing of the matter, kept the judgement reserved and disposed off the
SLPs. However, there is no order regarding extension of the stay.
In light of the above communication of GA & PG Department regarding disposal of
the SLPs pending before the Hon’ble Apex Court, We would request you to kindly take
appropriate steps for consideration of the promotion of Asst. Section Officers to the post
of Section Officer in Odisha Secretariat Service cadre which was due for almost 9 months
due to stay order passed by Hon’ble Supreme Court in the aforementioned SLPs.
Encl:-As Above Yours faithfully
Date:-
Place:-