Disposed

Swarnalata Dei v. State of Odisha

Orissa HC18 May 2016WP(C)/8053/2016

Case brief

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What is this about?

The Court Orders the Director, Secondary Education, Odisha, to revise the gradation list, consider the petitioner for promotion, and grant consequential benefits within eight weeks. The reference to Swarnalata Dei confirms the earlier direction to antedate the appointment to 02.01.1992.

What did the court decide?

Director, Secondary Education, Odisha to revise gradation list, consider petitioner for promotion, and grant consequential benefits within eight weeks.

In this writ petition, the petitioner has prayed for the following reliefs:- i) The opp.parties shall not be directed to correct the gradation list dat ed 08.11.2011 wherein the date of appointment of the petitioner was mentioned as 01.07.1999 instead of 02.02.1002.

ii) The opp.parties shall not be directed to fix the seniority of the petitioner at Sl.No.6 ju st after one Nirmal Kumari Singh (Sl.No.5) and before Sarat Kumar Lenka (Sl.No.6). iii) The opp.parties shall not be directed to consider the case of the petitioner for promotio n after correcting the date of appointment as 02.01.1992 to the post of Head Master/Head Mistr ess of aided high schools.

v) The opp.parties shall not be directed to regularize the service book treating the petitione rs appointment as 02.01.1992 and further directed to grant periodical increments and other ser vice benefits till today.

On instructions, learned Standing Counsel for the School and Mass Education De partment submits that by order dated 20.7.2010, this Court in W.P.(C) No.7476 of 2010 ( Swarna lata Dei Vrs. State of Odisa) had directed to antedate the appointment of the petitioner with effect from 2.1.1992 and grant all other consequential benefits. The said order had

been complied with vide letter no.9571 dated 17.5.2011 of School and Mass Education Department subject to final decision of the SLP. An amount of Rs.3,91,000/- was paid to the petitioner. In the meantime, the SLP has been dismissed on 22.7.2011. With regard to the correction of gra dation list, retrospective promotion and RACP taking into the date of joining as 2.1.1992, som e time is required by the Director, Secondary Education to work out the issues.

In view of the fact that the SLP filed by the State Government has been dismis sed on 22.7.2011, the Director, Secondary Education, Odisha shall do well to revise the gradat ion list and consider the case of the petitioner for promotion and grant all consequential ben efits within a period of eight weeks from the date of production of certified copy of this ord er.

Swarnalata Dei v. State of Odisha

Case brief

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Swarnalata Dei v. State of Odisha

Case brief

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What did the court decide?

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