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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Gangadhar Sahu – Appellant
Versus
State of Orissa – Respondent
| Table of Content |
|---|
| 1. petitioner's request for relief and background facts. (Para 1 , 2 , 3) |
| 2. arguments from both parties with focus on amendment to section 7(c). (Para 4 , 5 , 7) |
| 3. court's acceptance of petitioner's claims and granting relief. (Para 6 , 8) |
| 4. court's reasoning against discrimination in career advancement. (Para 9 , 10) |
JUDGMENT :
SASHIKANTA MISHRA, J.
The petitioner has approached this Court seeking the following relief.
“It is therefore prayed on behalf of the petitioner that:-
A. The Writ Application may be allowed
B. A writ in the nature of Certiorari may be issued quashing ANNEXURE-3.
C. A writ in the nature of mandamus may be issued directing the Opp. Parties to allow the petitioner to be placed in selection grade w.e.f. 1992 & not from 1997 and to allow the petitioner to draw the arrear differential amount within a period to be stipulated by this Hon’ble Court.
D A Writ in the nature of mandamus may be issued directing to the Opp. Parties to take into account the services rendered by the petitioner in the Gov’t College prior to his appointment in the year 1976 in an Aided Educational Institute.
E. And such other Order/Orders, Writ/Writs, direction/ directions may be iss
The state must apply laws uniformly without discrimination between employees, as inequitable application violates constitutional equality.
The court reaffirmed that all teachers in aided educational institutions must be treated equally regarding career advancement benefits, and any arbitrary deductions in service years violate the princ....
Lecturers appointed before January 1, 1996 are entitled to selection grade benefits without needing a Master’s degree, ensuring equal treatment in service matters.
The court held that the Odisha Education Service (Recruitment) Rules, 1990 govern the Petitioners' eligibility for higher scales, rather than the later rules, as they had become eligible for placemen....
Employees must receive selection grade benefits based on their actual length of service from the date of initial appointment, in accordance with governmental policy.
Right of Career Advancement is a vital right and cannot be deprived without strong reason.
The Career Advancement Scheme (CAS) is not applicable to the College of Accountancy and Management Studies (CAMS) due to its distinct staffing structure, and eligibility for promotion under the CAS r....
The court held that the petitioner is entitled to the second selection grade based on service counted from the date of initial appointment, affirming the legality of benefits from that date.
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