ORIGINAL JURISDICTION - Orissa High Court

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JADUMANI ROUT -V- M.D.,OSS.CORPN. LTD. [B.N.MAHAPATRA,J.] reply of the opposite parties is really unfortunate. When an employee is given appointment on particular terms and conditions indicating the salary structure, the employer is duty bound to pay such salary and should not avoid on some plea or other. In the instant case, the petitioner was permanently absorbed in service with effect from 18.7.1995 in the scale of pay of Rs.1600-2660/- with four advance increments. Though notice of retirement was issued on 15.1.2001 his salary in terms of the order of appointment has not been paid by the opposite parties. 18. In the above circumstances and in the ends of justice, we have no hesitation in reaching the conclusion that the petitioner is deemed to have retired from service on superannuation at the age of 60. We, accordingly, set aside impugned order dated 15.09.2001 under Annexure-10 and direct the opp. parties to pay the salary/differential salary to the petitioner along with normal annual increments, and other consequential service and financial benefits expeditiously, preferably within a period of two months from the date of receipt of this judgment. The writ petition is allowed. 72
2010 ( I ) ILR-CUT- 328 A.S.NAIDU,J & B.N.MAHAPATRA,J. ARTATRANA SWAIN -V- STATE OF ORISSA & ORS.* OCTOBER 27,2009. ORISSA CIVIL SERVICES (REHABILITATION ASSISTANCE) RULES 1990 – RULE 5. Employment on compassionate ground – Not a vested right – Object is to enable the family to get over the financial crisis – Court is to consider penurious conditions of the deceased’s family. In this case father of the petitioner got premature retirement on 14.12.1998 – So cause of action for the petitioner to apply for appointment under the scheme arose after 14.12.1998 – The petitioner made an application in the year 1999 after the emended Rules came into force – Employment on compassionate ground should be provided strictly in accordance with the Rules and the Court can not take a liberal view contrary to the Rules – Held, Tribunal has not committed only error in rejecting the application of the petitioner. (Para 14) Case laws Referred to:- 1.(1998) 9 SCC 87 : ( Kochin Dock Labour Board - V- Leemamma Samuel & Ors.). 2.(1997) 8 SCC 85 : ( Haryana State Electricity Board & Anr.-V-Hakim Singh). 3.(1994) 4 SCC 138 : ( Umesh Kumar Nagpal -V- State of Haryana & Ors.) 4.(2004) 2 SCC 130 : ( Teri Oat Estates (P) Ltd.-V- U.T.Chandigarh). For Petitioner – M/s.Krushna Ram Mohapatra & Associates. For Opp.Parties- Addl.Govt.Advocate. *W.P.(C) NO.12094 OF 2009. An application under Articles 226 & 227 of the Constitution of India. A.S.NAIDU, J. The order dated 5 th February, 2009 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No.1344 of 2000 is assailed in this Writ Petition. 2. Bereft of all unnecessary details the short facts of the case are as follows:- The father of the petitioner was serving as a Peon in the establishment of Tahasildar, Binika in the district of Sonepur. In course of his service he suffered from serious ailments and permanently became incapacitated. He was directed to appear before the C.D.M.O., Sonepur for medical examination by the Board. After examination, a Medical Certificate was issued declaring him completely and permanently incapacitated for further service of any kind in the department. Thereafter, on 5 th May, 1998 the father of the petitioner filed a representation before opposite party No.3, inter alia, 73
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2010 ( I ) ILR-CUT- 271 I.M.QUDDUSI
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SK.IBRAHIM -V- STATE OF ORISSA [B.K
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2010 ( I ) ILR-CUT- 275 I.M.QUDDUSI
Page 7 and 8: MIRJA SIDDIK -V- STATE OF ORISSA ju
Page 9 and 10: 23 DILIP KUMAR RAY -V- STATE OF ORI
Page 15 and 16: 2010 ( I ) ILR-CUT- 285 B.P.DAS,J &
Page 17 and 18: NITYANANDA BEHERA -V- STATE [S.C.PA
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Page 21 and 22: ANUPAMA BEHERA -V- D.M., LIC OF IND
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Page 25 and 26: 39 13. In the case of P. J. Chacko
Page 27 and 28: 2010 ( I ) ILR-CUT- 297 L.MOHAPATRA
Page 29 and 30: 43 Court in the case of M/s. Thunga
Page 31 and 32: 45 and (c) on account of some mista
Page 33 and 34: “ The High Court held that the re
Page 35 and 36: 49 Deputy Superintendent of Police.
Page 37 and 38: The copy of the Station Diary dt.24
Page 39 and 40: 53 accordingly, investigation was t
Page 41 and 42: 55 lying dead with ligature mark on
Page 43 and 44: 11.40(1974) CLT.977 : (Sahadeb Patn
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Page 49 and 50: 63 11. This Court in Sahadeb Pattna
Page 51 and 52: ules and regulations h) Ability to
Page 53 and 54: INDIAN LAW REPORTS, CUTTACK SERIES
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Page 63 and 64: 2010 ( I ) ILR-CUT- 332 PRADIP MOHA
Page 77 and 78: 91 impression of bias and favourtis
Page 79 and 80: 2010 ( I ) ILR-CUT- 348 M.M.DAS,J.
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Page 85 and 86: 2010 ( I ) ILR-CUT- 354 R.N.BISWAL,
Page 87 and 88: 101 cargo, which was unfit for ship
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Page 93 and 94: 107 further, in the meantime also t
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Page 99 and 100: 2010 ( I ) ILR-CUT- 368 SANJU PANDA
Page 101 and 102: 115 OLR 791 (Sk. Mustafa and anothe
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Page 105 and 106: 119 Rs. 71,74,451/- for repair of t
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123 already quoted and the aforesai
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125 offending truck. The further ca
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2010 ( I ) ILR-CUT- 382 B.P.RAY,J.
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129 to any person, or to consent th
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2010 ( I ) ILR-CUT- 386 B.P.RAY, J.
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133 testimony of the victim in a ca
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135 relationship of the appellant w
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137 Officer,Bangalore). 3.AIR 1996
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139 restored, only to avoid the ord
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2010 ( I ) ILR-CUT- 396 141 B.K.PAT
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143 4.12.1997. The vehicle was insu
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145 vehicle and insurance policy tr
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147 place from the date of sale whe
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149 deemed to have issued to the in
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151 6. On an analysis of Sections 9
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153 the policy purports to cover in
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2010 ( I ) ILR-CUT- 410 B.K.NAYAK,
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157 “….. The decision in the ca
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2010 ( I ) ILR-CUT- 414 S.K.MISHRA,
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161 the imposition of fine of Rs.50
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163 overtuous regarding sex. Theref
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165 6. The learned trial court, aft
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167 The Opposite parties 2 to 11 ar
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169 3. It is undisputed at this sta
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shall dispose of the application on
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ORIGINAL JURISDICTION - Orissa High Court

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