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2017 Supreme(Ori) 182

D.P.CHOUDHURY
Kailash Chandra Mohanta – Appellant
Versus
Chief General Manager, State Bank of India – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M/s. Pradipta Kishore Nanda, R. Mohanta, G.D. Singh, B.M. Chand
For the Opposite Parties : Mr. P.V. Balkrishna, R. Biswal

JUDGMENT :

D.P. Choudhury, J.

Challenge has been made to the order dated 10.12.2010 passed by the opposite party No.1 communicated to the petitioner vide letter dated 11.12.2010 rejecting his representation.

FACTS

2. The factual matrix leading to the case of the petitioner, in this writ petition, is that the petitioner entered into service on 8.5.1944 as a Supervisor in the Mayurbhanj State Bank (hereinafter called “the MSB”). After independence, the administration of the State of Mayurbhanj was taken over by the Government of India in pursuance of the instrument of merger dated 17.10.1948 executed between the Maharaja of Mayurbhanj and the Governor General of India, and as such State of Mayurbhanj merged with State of Orissa with effect from 1.1.1949. As such, the employees of erstwhile State of Mayurbhanj including the employees of MSB were given full protection with regard to the financial and service benefits. On 13.12.1949, Government of Orissa issued a resolution stating that the persons discharged on or after 1.1.1948 either as surplus or unsuitable for absorption for Gove













































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