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IN THE HIGH COURT OF ORISSA AT CUTTACK
MURAHARI SRI RAMAN
Rabinarayan PatnState of Odishaaik (since dead) through his L.Rs. – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petition for deputation allowance and its context. (Para 1 , 2 , 3) |
| 2. opposition to the petitioner’s claims. (Para 4 , 5) |
| 3. court's directive for modification and disbursement. (Para 6) |
| 4. final orders and disposal of the petition. (Para 7) |
ORDER :
MURAHARI SRI RAMAN, J.
1. Flagging apathetic attitude of the Odisha State Housing Board, opposite party No.2, in not extending the benefit of deputation allowance in favour of the deceased-petitioner despite willingness shown by the Delhi Development Authority (DDA), where the petitioner is deputed to work, to pay the deputation allowance in terms of the norms of Deputation Allowance as extended to the Central Government employees on deputation, the deceased-petitioner has preferred this writ petition with the following prayer(s):-
“Your humble petitioner therefore, prays that this Hon’ble Court will be kind enough to admit this application for hearing, issue notices to the Opp. parties and after their appearance or non appearance and on their filing or non-filing of show cause may allow this writ application giving a direction to the Opp. Party No.2 to modify the Item No.3 of annexure-9. And further direct Opp. Party No.3
The court upheld that non-filing of a counter affidavit leads to admission of the claims in the writ petition, emphasizing the non-traverse principle and ordering modification of terms regarding depu....
Appointments on deputation do not confer a right to continue beyond the specified term, and the distinction between transfer and appointment on deputation is significant.
In case of 'appointment on deputation', employer cannot claim employee has no right to continue till completion of deputation - Director's decision not to extend deputation must be based on evaluatio....
The main legal point established in the judgment is that the petitioner's claim for house rent allowance was found to be within the prescribed time, and the rejection of the claim based on Rule 104 w....
Reduction in Foreign Allowance must adhere to the terms and conditions of deputation, and any deviation from such terms and conditions agreed upon between the parties is not permissible.
The petitioner was entitled to the 6th pay revision as applicable to regular employees, as per the judgment in Bihar State Beverages Corporation Limited and Others vs. Naresh Kumar Mishra and Others.
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