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2018 Supreme(Ori) 217

B.K.NAYAK, D.P.CHOUDHURY
Garibananda Patel – Appellant
Versus
State of Odisha, represented through the Secretary to Government, Home Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M/s.Susanta Kumar Baral, S.Samal D.Mishra, N.Behera and S.Pati
For the Opp. Parties :Mr.Bibekananda Bhuyan Additional Government Advocate

JUDGMENT :

D.P. CHOUDHURY, J.

1. Challenge has been made to the inaction of the opposite parties in not considering the case of the petitioner to allow monetary benefit for the period from 01.05.1997 to 17.05.2012.

2. FACTS

The infiltrated factual matrix leading to the case of the writ petition is that the petitioner, while working as Senior Clerk in the Court of the learned S.D.J.M., Sundargarh, was reverted to the rank of Junior Clerk vide Office Order dated 30.04.1997 passed by the learned District Judge, Sundergarh, opposite party no.2. The petitioner, challenging the said order of reversion, preferred an appeal under Section 23.2(b) of Orissa Civil Service (C.C.A) Rules, 1962 (hereinafter called as “the Rules, 1962”) vide Departmental Appeal No.9 of 1997 before this Court. Since the petitioner was reverted without having any departmental proceeding, the Appeal Committee set aside the order of reversion on 18.05.2010. Therefore, in view of the order dated 18.05.2010 passed by the Appeal Committee, the petitioner was restored to the post of Senior Clerk with effect from 13.11.1995, i.e, from the date of initial promotion to the post of Senior Clerk. On 20.10.2011, the petitioner app






























































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