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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 :
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
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pursuant to the decision taken by the DPC / Appointment Committee of the Bank in its meeting dtd.22.06.2022 was withdrawn and direction was issued to recover the excess salary drawn from the month of June, 2022.
4.1. Learned counsel appearing for the Petitioner contended that after being extended with the benefit of promotion to the rank of Asst. Manager Grade-IV vide order dtd.23.06.2022 w.e.f. 01.06.2022, in terms of the said order, Petitioner not only joined in the promotional post of Asst. Manager s
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....
Service Matter - Suspension - Quashed - When impugned punishment order has been quashed, petitioner shall be restored back in a position which stood on date of passing such order which has been quash....
A statutory corporation cannot withhold the post-retirement benefits of its retired employees without providing them with an opportunity of hearing.
(1) Promotion – Promotion only becomes effective upon assumption of duties on promotional post and not on the date of occurrence of vacancy or the date of recommendation – Right to be considered for ....
Exonerated government servants are entitled to notional promotion and financial benefits despite retirement, overriding past disciplinary proceedings.
The court emphasized that recovery is impermissible due to the mistaken action taken by the authority, particularly when the executive instructions cannot have any retrospective effect.
An employer cannot recover amounts from retiral benefits unless explicitly authorized by service regulations.
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