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2002 Supreme(Ori) 575

M.PAPANNA, A.K.PATNAIK
MANORAMA RATH – Appellant
Versus
ORISSA MINING CORPORATION LTD. – Respondent


Advocates Appeared:
P.K. Rath and A.P. Bose, for the Appellant; Jitamitra Mohanty, for the Respondent

JUDGMENT :

A.K. Patnaik, J. - The petitioner joined the Orissa Mining Corporation Limited (in short, the Corporation) as a Receptionist cum Telephone Operator in the year 1966 was promoted to the post of Senior Receptionist- cum-Telephone Operator in the year 1982. The petitioner submitted an application for voluntary retirement dated March 30, 1998. Her application for voluntary retirement was accepted by the Managing Director of the Corporation with effect from May 31, 1998. The petitioner was paid ex gratia payment equivalent to 461/2 months emoluments and one month's salary in lieu of one month's notice.

After she had retired on May 31, 1998, the pay of the employees of the Corporation were revised with effect from January 1, 1996. The petitioner was paid the differential amount towards her salary on account of such revision of her pay with effect from January 1, 1996, she was also paid the differential amount towards gratuity, leave encashment and Contributory Provident Fund on account of such revision of her salary. But, she was not paid any additional amount towards ex gratia payment under the Voluntary Retirement Scheme pursuant to such revision of pay. Aggrieved, the petitio
























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