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2022 Supreme(Ori) 187

B.R.SARANGI, SAVITRI RATHO
Principal Accountant General (A&E), Orissa, Bhubaneswar – Appellant
Versus
Bijaya Prasad Kanungo – Respondent


Advocates Appeared:
For the Petitioner: Mr. Saroj Ku. Das, CGC.
For the Opp. Parties : Mr. K.K. Jena, Mr. S.N. Nayak, Addl. Standing Counsel, Mr. S. Mohanty.

JUDGMENT :

B.R. Sarangi, J.

The Principal Accountant General (A&E), Odisha, Bhubaneswar has filed this writ petition seeking to quash the order dated 04.03.2011 passed in O.A. No.52 of 2009 and subsequent order dated 14.11.2012 passed in R.P. No.131 of 2011 and order dated 28.11.2013 passed in M.P. No.504 of 2012 by the Odisha Administrative Tribunal, Bhubaneswar vide Annexures-1, 2 and 3 respectively.

2. The factual matrix of the case, in brief, is that opposite party no.1, who was applicant in O.A. No.52 of 2009, while working as Assistant Executive Engineer under the Government of Odisha, Water Resources Department, was superannuated from service on 30.04.2003. His pension papers were forwarded by the concerned pension sanctioning authority on 03.08.2005, which were received in the office of the petitioner on 03.08.2005. While forwarding the pension papers, the concerned pension sanctioning authority, vide letter dated 03.08.2005, had requested the petitioner that the retirement gratuity of opposite party no.1 shall be released after receipt of final NDC from the Department. The pension case of opposite party no.1 was processed and pension payment order and commuted value of pensio

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