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2023 Supreme(Ori) 315

IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Daitary Sahoo – Appellant
Versus
State of Odisha – Respondent


Advocates Appeared:
For the Petitioner: M/s. P. Chuli & Mrs. P. Nath.
For the Opp. Parties : M/s. D.K. Mohanty, Addl. Standing Counsel.

Table of Content
1. challenge to government communication (Para 1)
2. factual background of petitioner’s service and promotion (Para 2)
3. petitioner's arguments on qualifications and promotions (Para 3)
4. arguments from the state regarding eligibility (Para 4)
5. court's hearing and decision to finalize the case (Para 5)
6. court analysis and determination of petitioner's rights (Para 6)
7. order allowing continuation of benefits (Para 7)

JUDGMENT :

1. The present Writ Petition has been filed challenging the communication dated 07.01.2015 issued by the Government of Odisha, Department of Higher Education, in withdrawing the earlier letter issued by the Department vide Letter No.17900 dated 05.08.2014 and with a further prayer to allow the Petitioner to continue with the benefit so extended in his favour under Rule-4(3) of the Orissa Education Service (College Branch) Recruitment Rules, 1990.

2.1. The Petitioner subsequently was promoted as a Lecturer in Group-A in terms of Rule-3(B) of the 2009 rules on 26.11.2009. While the matter stood thus, basing on the amendment carried out to Orissa Education Service (College Branch) Recruitment Rules, 1990, which came into force w.e.f. 15.09.2012, t

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