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ORISSA HIGH COURT
JALEN SURIN – Appellant
Versus
STATE OF ODISHA – Respondent
.JUDGMENT :
Biraja Prasanna Satapathy, J
1. This matter is taken up through Hybrid Mode.
2. Heard learned counsel appearing for the parties.
3. Petitioner has filed the present Writ Petition inter alia challenging rejection of his claim to get the benefit of 2(two) advance increment because of having the Degree qualification under Annexure-11.
4. It is contended that Petitioner was appointed as a Jr. Engineer vide order of appointment issued on 08.06.1999 under Annexure-1 series issued by the Chief Engineer, RWSS, Odisha, Bhubaneswar. It is contended that while so continuing, Petitioner acquired the B.E qualification in Civil Engineering vide Annexure-2 from Janardan Rai Nagar Rajasthan Vidyapeeth University, Udaipur(Rajasthan) India, the result of which was published on 25.06.2009.
4.1. It is contended that in view of the Resolution issued by the Finance Department on 14.05.2008 under Annexure-4, Petitioner on acquiring the Degree qualification became entitled to get the benefit of 2(two) advance increment. Resolution dt.14.05.2008 prescribing the guideline, more particularly Para-(iii) reads as follows:
(iii) The financial benefits on account of grant of advancement increments will be a
Rejection of claim for advancement increments based on improper grounds; adherence to stipulated eligibility rules in administrative decisions is crucial.
Denial of advance increments based on alleged lack of prior approval violates principles of fairness; similarly circumstanced individuals were granted benefits, constituting discrimination under Arti....
If the respondents had extended any benefits and advantages in favour of the petitioners, then the question of restoring those benefits to the petitioners would not arise.
The validation of engineering degrees obtained through distance education occurs upon passing the AICTE test, and promotions must reflect the original date of the degree, restoring status quo ante.
As per Recruitment and Promotion Rules, rightful claim of petitioner cannot be permitted to be defeated by respondents at this belated stage on grounds, as have been setup in reply.
petitioners are not eligible as on the date of the judgment passed by the Apex Court in Orissa Lift Irrigation Corporation case and their degrees are deemed to be suspended- petitioners are not entit....
The obligation of the Corporation to restore the petitioner's position and grant all accrued benefits after the validation of his degree.
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