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2007 Supreme(Ori) 522

A.S.NAIDU
Gelli Dei – Appellant
Versus
Orissa Lift Irrigation Corporation Ltd. – Respondent


Advocates:
For Petitioner:Mr. J. Patnaik & Associates
For Opp.Parties:State Counsel

JUDGMENT

A. S. NAIDU, J. — Being aggrieved by the order dated 27.2.2002 (Annexure-7) issued by the Director of Lift Irrigation, Orissa, Bhubaneswar (opposite party No.2) directing the husband of the petitioner to deposit the total amount received by him as salary and allowances from the Corporation for the overstayal period in service, i.e. from 1.12.1988 to 31.8.1997 and threaten¬ing him to face criminal charges if not done so, the present Writ Petition has been filed.

2. The husband of the petitioner, Rama Chandra Nayak, was serving as a regular Pump Driver under the Orissa Lift Irrigation Corporation Limited, Cuttack. He joined service on 14.5.1966. In the service book of the employee his date of birth was noted as 25.11.1939. His name also found at sl. No. 98 of the gradation list prepared on 1.3.1989, vide Annexure-I which also reflects his date of birth to be 25.11.1939. The age of superannuation being 58th year, the employee was to retire on 30.11.1997. But then while he was continuing in service on 15.7.1997 an office order was issued indicating that he was to retire from service with effect from 30.11.1997. Subsequently, the said order dated 15.7.1997 was superseded by ano











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