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2022 Supreme(Ori) 111

B.R.SARANGI, SAVITRI RATHO
Gopinath Mishra – Appellant
Versus
State of Orissa – Respondent


Advocate Appeared:
For The Appellant :Mr. S.K. Pattnaik, Sr. Counsel along with P.K. Pattnaik, S.P. Das and S. Das, Advocates.
For the Respondent: Mr. S. Jena, Standing Counsel S&ME

JUDGMENT :

Dr. B.R. Sarangi, J.

The petitioner, by way of this writ petition, seeks to quash the order dated 22.06.2018 passed in O.A. No. 488 of 2009, by which the Odisha Administrative Tribunal, Principal Bench, Bhubaneswar though held that Sahadeb Mallick was wrongly promoted to the post of Head Clerk on 01.05.2006 and the case of the petitioner should have been considered at that time, but, in view of the fact that a departmental proceeding was pending against the petitioner at the time of DPC and the said proceeding concluded after his retirement from government service, and that the original application was not filed within the period of limitation, observed that no relief can be granted and by so observing dismissed the original application. He further seeks direction to the opposite parties to grant the benefit of promotion to him to the post of Head Clerk w.e.f. 01.06.2006 with all consequential service and financial benefits within a stipulated time.

2. The factual matrix of the case, in brief, is that the petitioner was working as Senior Clerk in the office of the Inspector of Schools, Bolangir since 13.11.1978 and retired from service on attaining the age of superannuation

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