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2021 Supreme(Ori) 197

BISWANATH RATH
Baikunthanath Pattanaik – Appellant
Versus
State Of Odisha – Respondent


Advocates Appeared:
M/s. S.N.Patnaik, U.K.Patnaik, C.S. Panda & K.C.Panigrahi, for the Appellant; Mr.S.Mishra, Standing Counsel, for the Respondent.

JUDGMENT

1. This Writ Petition came by way of Original Application through the State Administrative Tribunal in O.A. No.313 of 2017 but on abolition of the Tribunal, the matter being directed by this Court has been transferred to this Court and registered as WPC(OA) No.313 of 2017. Filing the Original Application, the Petitioner, Applicant therein, sought for the following relief :-

    'i. To quash the order of recovery dated 27.9.2016 as at Annexure-3 and rejection of representation dated 20.1.2017 as at Annexure-5.

    ii. To direct the respondents to release the final pension and pensionary benefits like gratuity, commuted value of pension etc. with effect from 1.8.2014 within a period to be stipulated by hon'ble Tribunal along with admissible interest @ 18% per annum on the delayed payment of such amount. iii. To grant the applicant all consequential services.'

2. Background involving the case is that the Applicant, Petitioner herein entered into service on 15.1.1975 completing his journey as a Service Holder. On attaining the age of superannuation, the Petitioner appears to have been superannuated in the afternoon of 31.7.2013. It appears, the Petitioner was only sanctioned with provisi

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