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2016 Supreme(Ori) 183

C.R.DASH
Gopal Chandra Sethi – Appellant
Versus
Executive Engineer, Balasore Electrical Division – Respondent


Advocates Appeared:
For the Petitioner: M/s. Gautam Mukherji A.C. Panda, A.S.Biswal, S.D. Ray, R. Priyadarsini.
For the Respondent: M/s. Ramanath Acharya, Basudev Barik, P.M. Rao.

JUDGMENT :

C.R. Dash, J.

The petitioner in this writ application has claimed rd Assured Career Progression (‘ACP’ for short) on completion of 30 years of his service in the same grade.

2. The petitioner on completion of 35 years of service, retired on superannuation. He had made a represenation for consideration of his case for grant of 3rd ACP. The Opp. Party-Company, however, vide Office Order No.6314, dated 24.04.2009 rejected the claim of the petitioner for 3rd ACP.

3. The petitioner joined in the erstwhile Orissa State Electricity Board (‘OSEB’ for short) as a Meter Reader/ Clerk-B on 21.04.1976. Subsequently, he continued in service under the NESCO. It is an admitted fact that, after completion of 15 years of service, the petitioner availed 1st ACP with effect from 21.04.1991. He also availed 2nd ACP on completion of 25 years of service w.e.f. 21.04.2001. In view of tripartite settlement of the Opp. Party-Company with different labour unions as per Annexure-1, the petitioner was entitled to 3rd ACP on completion of 30 years of service. However, on completion of 30 years of service, petitioner was not granted 3rd ACP and, vide decision of the Opp. Party-Company dated 24.04.2009, s













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