Kishore Chandra Pradhan vs State Of Odisha & Ors
2021 Latest Caselaw 12279 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                         WPC (OAC) No. 3095 of 2002

            Kishore Chandra Pradhan            ....                    Petitioner
                                                  Ms. D. Mohapatra, Advocate
                                           -Versus -
            State of Odisha & Ors.                ....         Opposite Parties
                                                      Mr. M.K. Balabantaray,
                                                Standing Counsel for the State
                    CORAM:
                     DR. JUSTICE B.R. SARANGI
                                     ORDER

30.11.2021

Order No. This matter is taken up through hybrid mode.

2. Heard Ms. D. Mohapatra, learned counsel for the petitioner and Mr. M.K. Balabantaray, learned Standing Counsel for the State.

3. It is contended by Ms. D. Mohapatra, learned counsel for the petitioner that the appellate authority has passed an order that the period of dismissal till joining as Forest Guard will be treated as extraordinary leave, but the authority has passed an order on 13.10.1988 in Annexure-F to the counter affidavit stating that consequent upon reinstatement vide office order no.234 dated 25.08.1988 of the Appellate Authority-cum-Conservator of Forests, Berhampur Circle the period of suspension from 03.06.1986 to 02.06.1987 of the petitioner is treated as duty and in pursuance of above orders the petitioner is granted 424 days E.O.L. with effect from 11.07.1987 to 06.09.1988 (both days inclusive) on private affairs (special grounds) under Rule 13(i) of Orissa Leave Rules,

1966 and he is not eligible for leave salary as per Rule 17(6) of the said Rules. It has also been further mentioned that E.O.L. so granted will not be counted towards his service and increments under Rule 79(b)(2) of Orissa Service Code. It is further contended that so far as E.O.L. is concerned, the same having been granted, the petitioner is entitled to get increment as per Rule 79(b)(2) of Orissa Service Code, because for no fault of the petitioner he was imposed with punishment and after reinstatement he is entitled to get the service benefits. To that effect, learned counsel for the petitioner wants to satisfy the Court by citing some judgments.

Call this matter after two weeks.

(Dr. B.R. Sarangi) Judge GDS