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2022 Supreme(Ori) 292

B.R.SARANGI, SAVITRI RATHO
Pritilata Mohapatra – Appellant
Versus
State of Orissa – Respondent


Advocate Appeared:
For the Petitioner:M/s J.K. Rath, Sr. Advocate along with Mr. D.N. Rath and R. Achary, Advocates.
For the Opposite Party : Mr. S. Jena, Standing Counsel S & ME

JUDGMENT :

B.R. SARANGI, J.

The petitioner, who retired as a Headmistress, has filed this writ petition seeking to quash the order dated 10.01.2012 passed by opposite party no.3 under Annexure-6, and consequential order dated 12.03.2014 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 910 (C) of 2012 under Annexure-7, and to issue direction to the authority not to recover the so called excess payment made to her.

2. The factual matrix of the case, in brief, is that the petitioner had joined in a Matric C.T. post in L.S.E.S. cadre on 16.08.1978 and was appointed in a trained graduate post w.e.f. 1981. Thereafter, she was promoted to the Jr. S.E.S. cadre (Women Branch) on regular basis, vide order dated 17.08.1989, by the C.I. of Schools, Puri. On promotion to Jr. S.E.S. cadre, she was posted at Dandamukundapur High School, Puri against the vacancy of the year 1981, but she actually joined on 17.08.1989. The name of the petitioner was shown at sl.no.937 of the provisional gradation list for Jr. S.E.S. teacher published on 17.05.1999 by the opposite party no.2. In the said gradation list, the date of joining in Jr. S.E.S. cadre was shown to be 01.12.1981.

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