IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA S.DIXIT, CHITTARANJAN DASH
Dhiren Kumar Sahoo – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioners challenge the tribunal's decision. (Para 1) |
| 2. contentions regarding appointment validity. (Para 2 , 3) |
| 3. court reasons for granting notional service benefit. (Para 4) |
JUDGMENT :
KRISHNA S. DIXIT,J.
Petitioners are knocking at the doors of Writ Court for assailing the Common Order dated 26.03.2009, whereby their O.A. Nos. 2984(C)/06, 174(C)/07, 175(C)/07, 176(C)/07, 177(C)/07, 178(C)/07, 179(C)/07, 870(C)/05 having been favoured, the following relief has been accorded by the Orissa Administrative Tribunal, Cuttack Bench:
“8. In the conspectus of facts and circumstances, we direct that the applicants’ service would commence as members of the cadre from today and their seniority would be reckoned in accordance with their merit position in the select prepared by the Orissa Staff Selection Commission. Their pay would be fixed under the ORSP Rules applicable as on date and they shall be given all service benefits like regular Government servants. No arrears would be paid. In so far as inter se seniority between these applicants and those who have been appointed on regular basis in the mean time, that would be governed by the existing rules for determining inte
The denial of full service benefits based on arbitrary grounds, despite legitimate appointment claims, violates principles of fairness and equity in public service employment.
The court ruled that individuals denied appointments due to administrative errors retain entitlement to benefits and seniority on par with their counterparts, affirming parity despite delayed appoint....
The court held that employees regularized despite not formally joining are still entitled to pensionary benefits, emphasizing fairness in public employment rights.
Administrative regularization of service cannot undermine seniority established by due process, especially following considerable delay in objections. Proper justification required for reversion unde....
Temporary appointments do not confer the right to claim preferential treatment for retrospective regularisation, and the conduct of a special competitive examination for absorption can impact the ent....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.