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STATE OF ODISHA v. SAROJ KUMAR SENAPATI

Supreme Court of India | Diary 26217/2024

Status

Order

Decided On

2024-12-05

Bench

HON'BLE MR. JUSTICE S.V.N. BHATTI, HON'BLE MR. JUSTICE HRISHIKESH ROY

Petitioner

STATE OF ODISHA

Respondent

SAROJ KUMAR SENAPATI

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2024 (ARISING OUT OF SLP (CIVIL) NO. 16261 OF 2024)

STATE OF ODISHA & ANR. APELLANT(S)

VERSUS

SAROJ KUMAR SENAPATI & ORS. RESPONDENT(S)

O R D E R

Leave granted.

2. Heard Mr. Anjuman Tripathy, learned counsel appearing for the

appellants, and Mr. Somanatha Padhan, learned counsel appearing for

the respondents. The respondents are the original applicants before

the tribunal whose O.As., upon transfer to the High Court, was

decided by the learned Single Judge on 30.06.2022.

3. Notice in this case was issued on 19.07.2024, with the

following order:-

“1. Delay condoned.

2. Heard Mr. Anjuman Tripathy, learned counsel

appearing for the petitioners.

3. The counsel submits that the post of Building

Inspector is kept out of the purview of the cadre

under Rule 4(a)(ii)(e) of the Odisha Police Service

(Method of Recruitment and Conditions of Service)

Rules, 2013. Such a plea was specifically raised by

1

the State in the counter affidavit filed before the

Writ Court with the following averments:

“6. That, as per Rule-4 (a) (ii) of Odisha Police

Service (Method of Recruitment and Conditions of

Service) Rules-2013 published vide Govt. in Home

Deptt. Notification No.27497/H dated 27.7.2013,

the Inspector (Building) is not eligible for

consideration for promot...

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