Disposed

Subash Ch.Bakul v. State of Odisha

Orissa HC1 May 2017WP(C)/13509/2016

Case brief

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What is this about?

This writ petition challenged the non-payment of arrear salary for the period February 2011 to March 2012. The court disposed of the matter by directing the respondent to consider a fresh representation with supporting documents within two weeks, decide on it within three months, and pay due arrears if entitlement is established.

What did the court decide?

Directed the respondent to consider a fresh representation within two weeks, decide within three months after hearing, and pay arrears within four weeks if entitled.

3. Learned counsel for the petitioner submits that the petitioner was an employee under o pposite party No.3 and while continuing as such, he was placed under suspension contemplating the charges in a disciplinary proceeding in the year 2005. Subsequently, opposite party No.3 w as pleased to reinstate him in the service vide order dated 01.05.2007. While continuing durin g the relevant period for February,2011 to March, 2012, his pay was withheld for no reason.

4. Learned counsel for the petitioner further submits that the petitioner was dismissed f rom service for the selfsame charges made in the year 2005 in the Vigilance Case vide order da ted 06.06.2014. The petitioner had moved also this Court in Criminal Appeal No.181 of 2014 ass ailing the order of conviction and sentence. Although he was continuing in service w.e.f. 01.0 5.2007 till he was convicted 06.06.2014 for the disputed period, his arrear salary is not rele ased. So, he submits to direct the opposite parties to release the arrear salary for the perio d from February, 2011 to March, 2012 during which period neither there was criminal charge nor any departmental proceeding initiated and he has also worked for that period under opposite p arty No.3.

6. Considering the submissions of respective counsels and there being the limited grievan ce, without expressing any opinion on the merits of the case, the writ application is disposed of with a direction that in the event the petitioner makes a fresh representation enclosing a ll the supporting documents and a certified copy of this order along with a copy of the writ p etition to opposite party No.3 within a period of two weeks from today,

opposite party No.3 would do well to take a decision on the representation and dispose of the same in accordance with law within a period of three months from the date of receipt of the r epresentation after affording reasonable opportunity of being heard to the petitioner and the result thereof shall be communicated to the petitioner by speed post with A.D.

7. In case it is found that the petitioner is entitled for arrear salary for such period, the necessary amount should be paid to the petitioner within a period of four weeks from the date of taking decision by opposite party No.3.

Subash Ch.Bakul v. State of Odisha

Case brief

What is this about?

What did the court decide?

Subash Ch.Bakul v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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