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 :

S.K.PANIGRAHI, J.

1. This matter is taken up through hybrid arrangement.

2. In this Writ Petition, the Petitioner has made a prayer to quash the order dated 31.03.2008 passed by the Opposite Party No.2/Director, Secondary Education, Orissa, Bhubaneswar. The petition calls into question the action of Opposite Party No.2 in directing for recovery of excess amount from the salary of the Petitioner as his pay scale was revised erroneously for the second time under 1981 ORSP Rules. The Petitioner has further prayed for a direction from this Court to the Opposite Parties to fix his pay in the senior S.E.S. cadre (Headmaster)

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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