Disposed

Rajaballav Sahoo v. State of Orissa

Orissa HC21 Apr 2023WP(C)/5106/2020

Case brief

AI extract

What is this about?

The petitioner, an approved teacher, sought a writ of mandamus for release of arrear salary, placement on posting, and current salary. The court noted the petitioner had already joined service in July 2022 and received salary. Directions were issued for the release of arrear dues within four months.

What did the court decide?

Directed Opp. Party No.3 to release arrear salary within four months.

Rajaballav Sahoo Vs State of Orissa — Pension and Retirement Benefits | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C ) No.5106 of 2020

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Rajaballav Sahoo

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…. Petitioner Mr. S.P. Sahoo, Adv.

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-versus-

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State of Orissa & Others

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…. Opposite Parties Mr. S. Rath, A.S.C

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CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY

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ORDER 21.04.2023

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Order No 7. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.

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2. Heard Mr. S.P. Sahoo, learned counsel appearing for the Petitoner and Mr. S. Rath, learned A.S.C.

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3. The present Writ Petitoner has been filed inter alia with the following prayer:

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“(i) writ of mandamus directing the opposite parties especially O.Ps No.2 to release arrear salary and to give him place of posting and current salary as he is an approved teacher, but due to pendnecy of different cases his salary could not be disbursed nor he be given place of posting.

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(ii) Directing the Opp. Party No.3 to draw and disburse his salary from 10.03.1991 till date.

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(iii) Order allowing any other service benefits as available under law . ”

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4. Even though a counter has been filed, but in course of hearing, Mr. S. Rath, learned Additional Standing Counsel brought to the notice of this Court

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// 2 //

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the instruction provided by B.E.O, Dasarathpur-Opp. Party NO.3. Copy of the instrucitin provided vide letter NO.1644 dated 05.08.2022 be kept on record.

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5. From the instruciton, it transpires tht during the pendency of the Writ Petiton, the Petiotner has been allowed to join and he has alredy joined in his service on 11.07.2022. It also transpires that the Petitoner is getting the salary from July, 2022 and steps have been taken to calculate the arrear dues as due and admissible with the instruction that the same will be paid after approval from the higher authority.

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6. In viw of such instrcution, the prayer of the Petitoner with regard to posting of self has already been complied with by the Opp. Parties. But with regard to payment of the arrear salary in question, taking into account the instruciton provided by Opp. Party No.3, this Court while disposing the Writ Petiton directs the Opp. Party No.3 to take appropriate steps for release of the arrear salary as due and admissible within a period of four months from the date of receipt of this order.

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The Writ Petition is disposed of.

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(Biraja Prasanna Satapathy) Judge

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sangita

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Rajaballav Sahoo v. State of Orissa

Case brief

What is this about?

What did the court decide?

Rajaballav Sahoo v. State of Orissa

Case brief

What is this about?

What did the court decide?

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