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2022 Supreme(Ori) 225

SASHIKANTA MISHRA
Bipra Charan Mallick – Appellant
Versus
State of Orissa – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sashi Bhusan Jena, S. Behera.
For the Respondent: H.K. Panigrahi.

JUDGMENT :

SASHIKANTA MISHRA, J.

1. The petitioner has filed the present application seeking a direction to the opposite party authorities to grant him promotion with retrospective effect from the date he was recommended for promotion by the Central Selection Board, 2008.

2. The brief facts of the case are that the petitioner was initially appointed as a Constable in the year 1980. He was promoted to the post of Asst. Sub-Inspector of Police in the year 1996. While working as such under the IIC of Chauliaganj Police Station, Cuttack, the petitioner availed leave for 20 days w.e.f. 30.04.2008 by submitting necessary application. However, because of his illness, the petitioner could not join in his duty after expiry of the period of leave as he was admitted to the City Hospital on 04.07.2008 and discharged on 15.07.2008 after undergoing surgery. The petitioner claims to have intimated this fact to the authorities by submitting applications on 23.05.2008 and 30.06.2008. Despite such intimation, the petitioner was placed under suspension w.e.f. 30.06.2008. On 01.07.2008, the petitioner submitted a medical certificate of the doctor under whom he was undergoing treatment. While the matter s

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