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2017 Supreme(Ori) 109

D.P.CHOUDHURY
Karunakar Behera – Appellant
Versus
State of Orissa – Respondent


Advocates Appeared:
For the Petitioner: Mr. P.C. Achary.
For the Opp. Parties : Mr. A.K. Mohanty, Standing Counsel, School & Mass Education Department.

JUDGMENT :

Dr. D.P. Choudhury, J.

This writ petition has been filed to direct the opposite parties for grant of pension and other pensionary benefits by regularizing the absence period of the petitioner, i.e., from 25.6.1983 to 2.1.2001 under concerned Leave Rules.

FACTS

2. The filtering details of the case of the petitioner are that the petitioner was appointed by the Secretary of the opposite party No.4 School vide appointment letter dated 25.10.1968 as Headmaster. The School was under Grant-in-Aid since 1.4.1961. The appointment of the petitioner has been duly approved by the opposite parties. Due to ill health of the petitioner he remained on leave from 21.9.1982 to 17.1.1983 and again remained on leave from 25.6.1983 and did not return to the service due to his acute illness. He was under medical treatment and in the meantime his normal retirement date 2.1.2001 passed. After being recovered, the petitioner approached the opposite party No.3 on 20.9.2012 for payment of pension.

3. Be it stated that the pay of the petitioner was fixed by the opposite party No.3 under ORSP Rules, 1974 and ORSP Rules, 1981 vide Annexures-4 and 5, respectively. It is stated that from 28.10.1968 to 24.6.










































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