Bhakta Charan Mishra vs State of Orissa

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Bhakta Charan Mishra – Appellant
Versus
State of Orissa – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. J. Rath, Sr. Adv. along with Mr. D.N. Rath, Adv.
For the Opposite Parties : Mr. Debasis Mohapatra, SC (for S & ME Deptt.)

Table of Content
1. background on petitioner's employment and pay scale history. (Para 3 , 4 , 5 , 6)
2. arguments made by petitioner concerning pay fixation. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13)
3. opposite party's arguments regarding the legality of payment adjustments. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21)
4. court's analysis of the facts and arguments. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29)
5. court's reference to precedents regarding recovery of excess payments. (Para 30 , 31 , 32 , 33 , 34)
6. final judgment and direction regarding pay fixation. (Para 35 , 36)

ORDER :

1. This matter is taken up through hybrid arrangement.

I. Facts of the case:

4. In the staffing pattern prescribed by the State Government, the post held by the Petitioner was a Trained Graduate Post. But, as the Petitioner was an untrained candidate at the time of appointment, he was given untrained scale of pay, which was equivalent to trained intermediate scale of pay. The Petitioner acquired his B.Ed. qualification in August, 1979 and thereby he was eligible to draw the Trained Graduate Scale of Pay, since the Petitioner was appointed against a Trained Graduate Post.

6. Accordingly, the Petitioner's pay had been fix

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IN THE HIGH COURT OF ORISSA AT CUTTACKS.K.PANIGRAHIBhakta Charan Mishra – AppellantVersusState of Orissa – Respondent

Cases Referred (3)

IN THE HIGH COURT OF ORISSA AT CUTTACK
S.K.PANIGRAHI
Bhakta Charan Mishra – Appellant
Versus
State of Orissa – Respondent