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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Prafulla Kumar Baral – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's promotion claim and service background (Para 3 , 4) |
| 2. state's defense against petitioner's claim (Para 5) |
| 3. court's analysis of petitioner’s eligibility for promotion (Para 6) |
| 4. final order and directions of the court (Para 7) |
Judgment :
Biraja Prasanna Satapathy, J.
1. This matter is taken up through Hybrid
2. Heard learned counsel appearing for the Parties.
3. Petitioner has filed the present Writ Petition inter alia challenging the order dtd.22.09.2022 so passed by Opposite Party No.1 under Annexure-1. Vide the said order, claim of the Petitioner to get the benefit of promotion with all consequential service and financial benefits was rejected.
4. It is the case of the Petitioner that, Petitioner while continuing in service as a Class-1 Senior officer, he was not extended with the benefit of promotion on the ground of pendency of both vigilance and departmental proceeding against him. Not only that because of his implication in the vigilance proceeding, he was placed under suspension vide office order dtd.25.02.2010 under Annexure-3. However, subsequently during pendency of both the proceedings, he was reinstated in his services vide office order this C
Exonerated government servants are entitled to notional promotion and financial benefits despite retirement, overriding past disciplinary proceedings.
Quashing of punishment has retrospective effect; employee gets promotion and financial benefits from juniors' promotion dates when delay due to employer's fault; 'no work no pay' inapplicable; incomp....
The promotion benefits cannot be revoked post-retirement, and recovery of excess payments based on prior administrative error is impermissible. The retiring employee is entitled to all benefits relat....
Retired employees are not eligible for notional promotion as per the OM dated 28.12.2023, since the benefits apply to serving employees only.
The right to be considered for promotion is a fundamental right, but there is no absolute right to promotion itself, which becomes effective only upon assumption of duties.
The court established that the suspension should be revoked after acquittal, and the subsequent criminal case did not bar revocation and retirement.
(1) Promotion – Promotion only becomes effective upon assumption of duties on promotional post and not on the date of occurrence of vacancy or the date of recommendation – Right to be considered for ....
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