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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Sagar Keshari Nayak – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. hybrid arrangement for hearing. (Para 1 , 2) |
| 2. challenge to withdrawal of promotion. (Para 3) |
| 3. arguments by petitioner and bank. (Para 4 , 5) |
| 4. analysis of facts and circumstances. (Para 6) |
| 5. determination on retirement and benefit withdrawal. (Para 8) |
| 6. final judgment and order. (Para 9) |
JUDGMENT :
Biraja Prasanna Satapathy, J.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. The present Writ Petition has been filed inter alia challenging order dtd.26.08.2022 so passed by Opposite Party No.1 under Annexure-5. Vide the said order, benefit of promotion extended in favour of the Petitioner to the rank of Asst. Manager under Grade-IV vide office order dtd.23.06.2022, pursuant to the decision taken by the DPC / Appointment Committee of the Bank in its meeting dtd.22.06.2022 was withdrawn and direction was issued to recover the excess salary drawn from the month of June, 2022.
4. Learned counsel appearing for the Petitioner while assailing the impugned order contended that Petitioner while in service under the Opposite Party-Bank as a Senior Asst. in Grade-V, the DPC / Appointment Committ
The promotion benefits cannot be revoked post-retirement, and recovery of excess payments based on prior administrative error is impermissible. The retiring employee is entitled to all benefits relat....
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A statutory corporation cannot withhold the post-retirement benefits of its retired employees without providing them with an opportunity of hearing.
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Exonerated government servants are entitled to notional promotion and financial benefits despite retirement, overriding past disciplinary proceedings.
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