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2017 Supreme(Ori) 507

B.R.SARANGI
Gunanidhi Jena – Appellant
Versus
Orissa Industrial Infrastructure Development Corporation – Respondent


Advocates Appeared:
For the Petitioner:M/s. K.K. Swain, P.C. Choudhury, P.N. Mohanty, A.K. Rath and M.R. Nayak, Advocates
For the Opp. Parties :Mr. Bijan Ray, Sr. Advocate along with M/s C. Choudhury, B. Mohanty, B.K. Bal, A.K. Mohanty and D. Chhotray, Advocates

JUDGMENT :

DR. B.R.SARANGI, J.

1. The petitioner, while working as Accounts Assistant on NMR basis under opposite party no.1-Orissa Industrial Infrastructure Development Corporation (for short “Corporation”), was regularized as such on 30.04.1985 with effect from 26.04.1985. While continuing as such, he was transferred to Bolangir in the month of February, 1990. In the meantime, the post of Accountant fell vacant in the Bolangir Division Office, consequent upon disengagement of one Kamalendhu Dash, who was a retired person. Opposite party no.2 vide office order dated 07.02.1990 directed the petitioner to officiate against the said post. Since then, the petitioner had been officiating against the said post and discharging his duty as an Accountant. But, instead of officiating pay, as prescribed under Rule-85 of Orissa Service Code, he was given Rs.50/- per month towards officiating allowance w.e.f. 01.04.1991. Though the petitioner was eligible to get promotion to the said post on substantive basis against the existence of clear vacancy, he was not considered for the said post nor was he granted such benefit. The petitioner then filed representations before opposite party no.1 to cons










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