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2022 Supreme(Ori) 140

B.R.SARANGI, SANJAY KUMAR MISHRA
State of Orissa – Appellant
Versus
Manmath Kumar Biswal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. J.P. Pattnaik, Government Advocate
For the Respondent:Mr. S.D. Routray, S.K. Samal and S.C. Das, Advocate

JUDGMENT :

B.R. SARANGI, J.

The State of Odisha and its functionaries, by means of this Writ Petition, have sought for quashment of the Order dated 23.08.2012 passed in O.A. No. 216 of 2012 under Annexure-3, by which the Odisha Administrative Tribunal, Bhubaneswar, while quashing Annexures-4 and 8 to the Original Application, directed the Petitioners to reinstate Opposite Party No.1 in service with full pay, for the period he was forced to continue out of service, as Opposite Party No.1 was not responsible for such non-engagement and such interruption in service was caused due to irregular action of the Petitioners, as adequate opportunity was not allowed to Opposite Party No.1 before change of his date of birth, and such order was directed to be complied with within a period of three months.

2. The factual matrix of the case, in brief, is that Opposite Party No.1 entered into Work-charged Establishment as Mate on 13.03.1973 under Subarnarekha Bridge (R & B) Sub-Division. Thereafter, on transfer he joined, on 20.04.1973, at Balasore (R & B) Division. While working as such, he was brought over to Regular Establishment, vide Order dated 31.12.1991. He was promoted to the post of Work Sa

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