Jayadeb Mishra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

WPC (OAC) No. 874 of 2016 Jayadeb Mishra ....

Petitioner -versusState of Odisha & Others ....

Opposite Parties COROM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

25.08.2022

1. 1.

This matter is taken up through Hybrid Mode.

Order No 2.

Heard Mr. Rath, learned counsel for the petitioner and Mr. N. Prusty, learned Addl. Standing Counsel. 3.

The present writ petition has been filed by the petitioner challenging the order dated 29.12.2015 under Annexure-5 wherein the claim of the petitioner to get the benefit of TBA after completion of 15 years of service from his initial appointment in the said post as well as the claim for sanction of 1st, 2nd and 3rd A.C.P/ R.A.C.P has been rejected. It is fairly submitted at the Bar that the petitioner is entitled to get the benefit of TBA on completion of 15 years of service from the initial date of his joining i.e. 11.11.1977.

4. In view of the submission made by the learned counsel for the parties, this Court while quashing the order dated 29.12.2015, directs Opp. Party No.3 to take a fresh decision on the petitioner's claim and allow him the benefit of TBA scale from 1.1.1996 and consequential sanction of ACP/RACP be also made in favour of the petitioner.

// 2 // 5.

The entire exercise shall be completed within a period of three months from the date of receipt of this order. The financial benefits accruing from such extension of benefit shall also be released within the aforesaid time period. 6.

The Writ Petition is disposed of accordingly. (Biraja Prasanna Satapathy) Judge Sangita