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2007 Supreme(Ori) 280

N.PRUSTY
Baidyanath Mishra – Appellant
Versus
State of Orissa – Respondent


Advocates:
For Petitioner:M/s. B.S. Mishra-2, M.R. Mishra, N. Chakravarty, A. P. Dhirsamanta and A. P. Mishra
For Opp.parties:Government Advocate

JUDGMENT

N. PRUSTY, J. : In this writ petition, the petitioner has challenged the order dated 17.06.1996 passed by the Orissa Admin¬istrative Tribunal, Bhubaneswar (hereinafter referred to as “the Tribunal”) in Original Application No.2161 of 1995 and also the order dated 09.12.1998 passed in Review Petition No.24 of 1996 confirming the above order dated 17.06.1996 passed in the Origi¬nal Application, in rejecting the petitioner’s claim for special pay attached to the post of O.A.S. Class-I Senior Branch (Deputy Secretary) and Super Time Senior Branch (Joint Secretary) along with interest @ 18 % per annum on delayed payment of arrear, arrear dues relating to commuted value of pension along with interest @ 18 % per annum and compensation of Rs. 3,00,000/- for harassment and allowing the prayer for payment of interest for the delayed payment of D.C.R.G., if the delay is unreasonable.

2. Even though no counter affidavit has been filed by the State in this case, on a detailed discussion relating to the facts and merits of the case, learned Tribunal disposed of the O.A. vide order under Annexure-8 with the following directions :-

“8. xxx xxx xxx Accordingly, I direct that on the advers












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