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1994 Supreme(Ori) 327

G.B.PATNAIK, D.M.PATNAIK
NARAYAN CHANDRA DAS – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
Ashok, G. Rath, K. Parija and S.P. Sarangi, for the Appellant; B.M. Patnaik, P.K. Choudhury and S. Mohanty, for the Respondent

JUDGMENT :

G.B. Pattnaik, J. - The petitioner who had been appointed as Managing Director of Orissa Mining Corporation (hereinafter referred to as the 'Corporation') challenges the order of the State Government cancelling his appointment as the Managing Director of the Corporation under Annexure 3 as well as the order posting him as General Manager of the Corporation, inter alia, on the ground that the orders are arbitrary and outcome of malice and positive act of vindictiveness on the part of the Chief Minister of Orissa, The petitioner prays for a direction to be posted as the Chief Executive of the Corporation and protection of his pay and should be paid arrear leave salary.

2. The short facts are that the petitioner was promoted to the post of Genera! Manager of the Corporation in the scale of pay of Rs. 1600/-to Rs. 2150/- in the year 1978. In 1983 the petitioner was made the Executive Director of the Corporation on an additional emolument of Rs. 300/- per month. He was inducted as Director in the Board of Directors of the Corporation on 12-10-1984 and on 29-1-1985, he was promoted to the post of Chief Executive of the Corporation in the scale of pay of Rs 2500/- to 3000/- which





















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