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B. P. SATAPATHY
Ahalya Dei – Appellant
Versus
State of Odisha – Respondent
JUDGMENT
Biraja Prasanna Satapathy, J. - Heard Mr. Samir Kumar Das, learned counsel appearing for the petitioner and Mr. N.N. Satapathy, learned Standing Counsel appearing for the State-Opp. Parties.
2. The present writ petition has been filed with the following prayer.
'To quash the order dated 16.4.2015 under Annexure-6 and further direct the respondents to release her pension and pensionary benefits of the applicant like Gratuity, Leave Salary, GPF including unpaid arrear salary of the applicant for the period 1.11.2007 to 31.5.2013 within a stipulated period and deem fit and proper.'
3. It is submitted that the petitioner while working as a Primary School Teacher in Badadanda Primary School, she was deployed work as such in Mathasahi Primary School vide order dated 28.9.2007 of the then D.I of School Anandapur. It is submitted that the said order of deployment passed on 28.9.2007 was challenged by the petitioner before the learned Tribunal in O.A. No.2562(C ) of 2007. Learned counsel for the petitioner submitted that the said Original Application in O.A. 2562(C ) of 2007 was disposed of vide order dated 31.10.2017 with a direction on the Director, Elementary Education to treat the
The main legal point established in the judgment is the entitlement of an employee to salary and retiral benefits based on the regularization of their entire service period, supported by documented e....
The main legal point established in the judgment is the entitlement of the petitioner to timely release of post-retiral benefits, including pension, gratuity, and provident fund, and the right to be ....
The court affirmed that a teacher's continuity of service must be upheld unless substantiated by evidence; the withholding of salary without due process constitutes a violation of rights.
Entitlement to salary arrears and pension benefits reinforced by judicial orders under Assam Services Pension Rules in cases of continued administrative failure to comply with court directives.
The court allowed recovery of salary arrears due to continuing wrong despite delays, emphasizing entitlement to pension benefits.
The court affirmed the principle that school staff must receive due salary and benefits unless proven otherwise, emphasizing continuity of service without interruption or unjust denial.
A teacher's claim for salary during unauthorized absence must consider prior court rulings confirming her appointment rights.
Panchayat Teachers are contractual employees and not government servants; thus, they are not entitled to the same legal protections regarding continuity of service and back wages as government employ....
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