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2018 Supreme(Ori) 427

S.PANDA, K.R.MOHAPATRA
Narayan Prasad Mohanty – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Petitioner: M/s. Bimal Prasad Tripathy & K.K.Pradhan
For the Opp. Parties :Mr. M.S.Sahu, Additional Government Advocate

JUDGMENT :

K.R. MOHAPATRA, J.

Petitioner, in this writ petition, assails the order dated 22.01.2013 passed by the Odisha Administrative Tribunal, Cuttack Bench, Cuttack (for short, ‘the Tribunal’) in O.A. No. 2872(C) of 1999 (Annexure-1), whereby the learned Tribunal while allowing the Original Application filed by the petitioner, directed the Collector, Cuttack-opposite party No.2 to convene a review DPC to consider the suitability of the petitioner for promotion to the post of Revenue Supervisor on the basis of his service record till 01.07.1989. It has been further directed that the petitioner, if found suitable for promotion, shall be deemed to have been promoted with effect from the date from which the first promotion order was issued during 01.07.1989 to 21.07.1992. As the petitioner was superannuated by the time of disposal of the Original Application, it was directed that his pay be notionally fixed in the promotional cadre and his pension should be revised accordingly. He has also been held to be entitled to arrears of pension and other retiral benefits. However, the petitioner, being aggrieved by the observation of the learned Tribunal to the effect that he shall not be ent























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