Allowed

Sri Susanta Mishra v. State of Odisha

Orissa HC25 Feb 2022WPC(OA)/586/2013

Case brief

AI extract

What is this about?

Dr. Justice B.R. Sarangi disposed of a writ petition regarding promotion discrepancies. Relying on a prior Tribunal order (Sri Tejraj Patel), the court directed the respondent to extend the petitioner's promotion benefits from the date of juniors' promotion.

What did the court decide?

Writ petition disposed of; opposite parties directed to extend promotion benefits to the petitioner from 30.06.2010 as per the order in Sri Tejraj Patel case.

Sri Susanta Mishra Vs State 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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WPC (OA) No. 586 of 2013

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Susanta Mishra

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..... Petitioner

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Mr. Manas Pati, Advocate - Versus-

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State of Odisha & Ors. ….. Opp. Parties

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Mr. N.K. Praharaj, Addl. Standing Counsel for the State

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CORAM:

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DR. JUSTICE B.R. SARANGI

ORDER

25.02.2022

Order No.

This matter is taken up through video conferencing mode.

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Heard Mr. Manas Pati, learned counsel for the petitioner and Mr. N.K. Praharaj, learned Addl. Standing Counsel for the State.

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The petitioner has filed this writ petition seeking to quash Annexure-2, in which promotion has been given to the juniors of the petitioner, and further seeks direction to the opposite parties that the petitioner is deemed to have been promoted w.e.f. 30.06.2010, from which date his juniors were promoted, with all consequential benefits within a stipulated time.

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Mr. Manas Pati, learned counsel for the petitioner contended that similar question had come up for consideration before the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 983 of 2010 (Sri Tejraj Patel v. State of Orissa and Ors.), which was allowed vide order dated 28.01.2013, and the case of the petitioner, being squarely covered by the said case, may be disposed of in terms of the order dated 28.01.2013 passed in the said O.A.

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Mr. N.K. Praharaj, learned Addl. Standing Counsel for the

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State contended that against the order dated 28.01.2013 passed in O.A. No. 983 of 2010 (Sri Tejraj Patel v. State of Orissa and Ors.), review application has been filed by the State, which is still pending for adjudication.

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Considering the contention raised by learned counsel for the parties and after going through the record, this Court is of the view that if the case of the petitioner is covered by order dated 28.01.2013 passed in O.A. No. 983 of 2010 (Sri Tejraj Patel v. State of Orissa and Ors.), there is no justifiable reason to keep this writ petition pending. Accordingly, the writ petition is disposed of with the direction to the opposite parties to extend the benefit, as due and admissible to the petitioner, in terms of order dated 28.01.2013 passed in O.A. No. 983 of 2010 (Sri Tejraj Patel v. State of Orissa and Ors.).

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Issue urgent certified copy as per rules.

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(DR. B.R. SARANGI) JUDGE

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Alok

Sri Susanta Mishra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sri Susanta Mishra v. State of Odisha

Case brief

What is this about?

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