This petition challenged the Writ of Mandamus by the Orissa Administrative Tribunal. The Tribunal quashed a recovery order against the petitioner and directed disbursement of pension benefits to the applicant, holding that training period counts for continuity. This Court found no infirmity and dismissed the writ.
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WP(C) NO.3088 OF 2016
03.3.2016
Heard learned Sr. Standing Counsel for the School and Mass Education Departmen
t.
This writ petition has been filed challenging the order dated 14.1.2015, passed by the
Orissa Administrative Tribunal, Bhubaneswar, in O.A.No.101 of 2015, directing the present pet
itioners not to recover any amount pursuant to the letter/order dated 15.1.2014, issued by the
Controller of Accounts, Odisha, Bhubaneswar, and to disburse the pension and all other retira
l benefits of the applicant-opposite party no.1, within two months.
The applicant-opposite party no.1 had approached the learned Tribunal in O.A.No.101 of
2015, challenging the letter dated 15.1.2014, issued by the Controller of Accounts, Orissa, B
hubaneswar, directing recovery of the excess pay and allowance paid to the applicant-opposite
party no.1 with effect from 01.1.1996, 01.1.2006 and 29.10.2010 till the date of retirement fr
om the DCRG. The applicant further prayed for a direction to the present petitioners to sancti
on and disburse all post retiral benefits in his favour.
Learned Tribunal on considering the materials available on record and the decisions of
this Court in various earlier cases, has held that the training period shall be taken into ac
count towards continuity in one post/grade for the purpose to grant TBA/ACP. Accordingly, lear
ned Tribunal while quashing the letter/order dated 15.1.2014 of the Controller of Accounts, Od
isha, has directed the petitioners not to recover any amount pursuant to the said letter/order
and to disburse the pension and all other retiral benefits to the applicant-opposite party no
.1.
Considering submissions made, we do not find any infirmity in the impugned order so as
to warrant any interference.
The writ petition being devoid of merit, the same is accordingly dismissed.
he writ petition being devoid of merit, the same is accordingly dismissed.is Court a
t this stageng contrary to Rules. Therefore ..
(Dr.B.R.SARANGI,J.)
2
1 issue framed by the court
Whether the High Court should interfere with the Orissa Administrative Tribunal's order directing non-recovery of excess pay and disbursement of retirement benefits.
School and Mass Education Department
Applicant
Dr. B. R. Sarangi
As recorded by the court registry
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