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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 :
1. This matter is taken up through Hybrid
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.
4.1. It is contended that during pendency of both the proceedings, Petitioner retired from service on attainting the age of superannuation on 29.02.2012 in terms of the order issued under Annexure-5. However, after his retirement from service, Petitioner was acquitted in the vigilance proceeding vide judgment dtd.31.07.2018. Not only that taking into account the acquittal of the Petitioner in the vigilance proceeding, the disciplinary authority- Opposite Party No.1 vide office order dtd.31.01.2019 under Annexure-7, dropped the departmental proceeding initiated against the Petitioner.
4.3. It
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....
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 ....
The main legal point established in the judgment is that the relief of promotion was not claimed or granted in the decree dated 17.11.2003, and the petitioner was not entitled to promotion as a matte....
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