Allowed

Pitambar Mahali v. Sate of Odisha

Orissa HC5 May 2022WP(C)/10353/2022

Case brief

AI extract

What is this about?

This Order grants pay protection to a Process Server under the Collector, Kendrapara. Based on prior tribunal and high court rulings confirming entitlement, the Court directs opposite parties to extend benefits, referencing previous orders and Supreme Court approvals. Petitioner contestant Mr. Mohapatra and State respondent Mr. Babu were heard.

What did the court decide?

The opposite parties are directed to extend the same pay protection benefit to the Petitioner within three months of this order.

Pitambar Mahali Vs Sate of Odisha — Pension and Retirement Benefits | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C) No.10353 of 2022

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Pitambar Mahali

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…. Petitioner Mr. P.K. Mohapatra, Advocate

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-versus-

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State of Orissa and others

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…. Opposite Parties Mr. YSP Babu, AGA for State

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CORAM: JUSTICE A.K.MOHAPATRA

ORDER

05.05.2022

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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Heard Mr.P.K. Mohapatra, learned counsel for the Petitioner and Mr. YSP Babu, learned Additional Government Advocate for the State.

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The Petitioner, who was working as a Process Server under the administrative control of Collector, Kendrapara has filed this writ petition seeking direction to the Opposite Parties to grant similar benefit of pay protection.

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Mr.P.K.Mohapatra, learned counsel for the Petitioner contended that similar question had come up for consideration before the learned Tribunal in O.A. No.2250(C) of 2004 and the learned Tribunal, vide order dated 29.08.2011, holding that the order of the Finance Department dated 15.05.1997 is not applicable to the applicant and the cancellation of the benefit already extended to the applicant is not tenable, quashed the same, and accordingly directed

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the Opposite Parties to restore the benefits to the applicant, as was granted to him, prior to passing of the impugned order dated 15.05.1997. The said order of the learned Tribunal was challenged by the State before this Court in W.P.(C) No.6895 of 2013 and a Division Bench of this Court, vide order dated 02.03.2016, confirmed the order passed by the learned Tribunal. Accordingly, the benefit has been extended to the applicant in O.A. No.2250(C) of 2004, disposed of on 29.08.2011. It is further contended that in a similar matter, i.e. State of Odisha vs. Padmalochan Kalia (W.P.(C) No.22327 of 2013 disposed of on 21.03.2017 ), the State preferred SLP (C) Diary No.40571 of 2017, which was also dismissed vide order dated 19.01.2018. Therefore, it is contended that the Petitioner’s case is fully covered by the aforesaid orders and, thereby, he is entitled to get the pay protection in terms of the aforesaid orders.

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Mr.YSP Babu, learned Additional Government Advocate for State looking at the orders passed by this Court as well as the order of the Hon’ble Apex Court, does not dispute the position.

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In the above view of the matter and after hearing learned counsel for the parties, this writ petition stands disposed of directing the Opposite Parties to extend the benefit to the Petitioner at par with the order passed by this Court on 02.03.2016, passed in W.P.(C) No.6895 of 2013, by which the order of the learned Tribunal dated 29.08.2011, passed in O.A. No.2250(C) of 2004 has been confirmed and also the subsequent order passed by this Court on 21.03.2017 in W.P.(C) No.22327 of 2013, which has been confirmed by the Hon’ble Apex Court vide order dated 19.01.2018 in SLP (C) Diary No.40571 of 2017, taking into consideration Annexures-4 and 6,

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U.K.Sahoo

within a period of three months from the date of production of a certified copy of this order.

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Urgent certified copy of this order be granted on proper application.

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(A.K. Mohapatra) Judge

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Pitambar Mahali v. Sate of Odisha

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Pitambar Mahali v. Sate of Odisha

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