A retired employee challenged a notice reducing his granted pay scale and withholding retiral dues. The court quashed the recovery notice and remanded the matter to the authority to reconsider the representation in light of Rafiq Masih within two months.
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IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.1829 of 2023
Kanhu Charan Dehury
..... Petitioner
Represented By Adv. - Prafulla Kumar Mohapatra
-versus-
State Of Odisha & ors.
..... Opposite Parties
Represented By Adv. – P.C.Das, ASC
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA
ORDER
Order No.
24.04.2024
“Under the aforesaid facts and circumstances, it is therefore, prayed that this Hon'ble Court may graciously be pleased to: (i) quash the Letter, dated 09.01.2023 as at Annexure-8 issued by the Opp.Party No.2 to reduce the 3rd RACP of G.P. Rs.2400/- from G.P. of Rs.4600/-, granted in favour of the Petitioner as per F.D. Resolution, dated 06.02.2013 pursuant to the Order, dtd.01.02.2022 of this Hon'ble Court in W.P.(C) No.2722/2022 as the same is violative of principles of natural justice as well as the settled principles of law, laid down by the Hon'ble Apex Court in the case of State of Punjab & Others Vrs. Rafiq Masih & Others, reported in (2015)4 SCC 344 for the interest of justice;
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(ii) pass such other order(s) or issue direction(s) as may be deemed fit and proper in the bona fide interest of justice.”
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judgment of the Hon’ble Supreme Court in the case of State of Punjab and others-v.Rafiq Masih and others (supra) before the Opposite Party No.1 within a period of two weeks from today and in the event such a representation is filed, the same shall be considered by Opposite Party No.1 in accordance with law within a period of two months from the date of filing of representation. It is further directed that the representation shall be considered in the light of the judgment in State of Punjab and others-v.- Rafiiq Mashih and others (supra) and shall be disposed of by passing a speaking and reasoned order. The decision so taken on the representation of the Petitioner shall be communicated to the Petitioner within 10 days thereafter.
( A.K. Mohapatra,J ) Judge
Anil
Signature Not Verified
Page 3 of 3. Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 25-Apr-2024 19:56:19
1 issue framed by the court
Whether a recovery notice reducing the petitioner's granted pay scale after retirement, without following Rafiq Masih, is sustainable?
Colour shows how this judgement treated each authority
State of Punjab & Others v. Rafiq Masih & OthersRelied on
(2015)4 SCC 344 · Who else cites this
Kanhu Charan Dehury
State of Odisha
Opposite Party No.2
Aditya Kumar Mohapatra
As recorded by the court registry
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