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 evidence of attendance and lack of notice or proceedings regarding alleged negligence.

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 averment made in the O.A as her representation and pass appropriate order within a period of 15 days from the date of receipt of the order. It is submitted that while passing such order and disposing the matter vide order dated 31.10.2007, learned Tribunal directed for maintenance of status quo. Learned counsel for the petitioner submitted that by virtue of the said order dated 31.10.2007, the petitioner was allowed to continue in her place of posting i.e. Badadanda Primary School. Learned counsel for the petitioner further submitted that while so continuing, when the claim of the petitioner as directed by the learned Tribunal, was rejected vide order dated 12.11.2008, the petitioner challenging the same, once again approached the learned Tribunal in O.A. No.2910(C ) of 2008.

4. It is submitted that learned Tribunal while issuing notice of the matter vide order dated 8.12.2008 passed an interim order to the effect that the petitioner be allowed to continue in her present place of posting. Learned counsel for the petitioner submitted that pursuant to the order passed by the learned Tribunal on 31.10.2007 in O.A. NO.2562(C) of 2007 and the order dated 8.12.2008 passed in O.A. No.2910 (C ) of 2008 under Annexure-3, the petitioner continued as a Primary School Teacher in Badadanda Primary School. It is further submitted that during pendency of the matter in O.A. No.2910(C ) of 2008, the petitioner was allowed to retire from her service on attaining the age of superannuation on 31.05.2013 vide order under Annexure-1.

5. Learned counsel for the petitioner submitted that even though the petitioner was allowed to continue in terms of the interim order passed by the learned Tribunal as stated hereinabove in Badadanda Primary School and was allowed to retire on attaining the age of superannuation w.e.f 31.5.2013, but when her salary for the period from 1.11.2007 till her retirement was not paid nor her retiral benefits were released after her retirement, the petitioner filed O.A. No.1382(C ) of 2014 before the learned Tribunal. It is submitted that the said Original Application was disposed of vide order dated 20.1.2015 under Annexure-5 with a direction on Opp. Party NO.3 to take a decision on the petitioner's claim with regard to release of the arrear salary from 1.11.2007 till her retirement and the retiral benefits as due and admissible.

6. Learned counsel for the petitioner submitted that Opp. Party No.3 without considering the fact that the petitioner continued as a Primary School Teacher in Badadanda Primary School in terms of the order passed by the learned Tribunal on 31.10.2007 and subsequent order passed on 8.12.2008, rejected the prayer of the petitioner with regard to her claim for arrear salary from 1.11.2007 till her retirement on 31.5.2013 vide the