State Of Odisha vs Suprva Mishra ..... Opposite Party
2024 Latest Caselaw 3930 Ori

Orissa High Court

State Of Odisha vs Suprva Mishra ..... Opposite Party on 1 March, 2024

Bench: B.R. Sarangi, G. Satapathy

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                           W.P.(C) No. 9734 of 2020

State of Odisha                       .....                                 Petitioner
                                                               Mr. B.Mohanty, AGA
                                      Vs.
Suprva Mishra                         .....                            Opposite party
                                                              Mr. N. Rath, Advocate
              CORAM:
                 DR. JUSTICE B.R. SARANGI
                 MR. JUSTICE G. SATAPATHY

                                             ORDER

01.03.2024

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

2. Heard Mr. B. Mohanty, learned Additional Government Advocate for the petitioner and Mr. N. Rath, learned counsel appearing for the opposite party.

3. Mr. N. Rath, learned counsel appearing for the sole opposite party contended that the decision of this Court in the case of State of Odisha & ors v. Deepti Ranjan Mohanty & another (W.P.(C) No. 12110 of 2015 disposed of on 05.07.2022), which has been relied on by learned Additional Government Advocate for the petitioner has no application to the present case in view of the question framed by this Court in the said judgment as has been quoted in paragraph-6 thereof. According to him, in the said decision the question was whether opposite party no.1 is entitled to get incremental benefits during the period of his suspension, when such period of suspension has been treated as such by the order of punishment, which has remained unchanged. He further contended that in the present case, nothing has been indicted with regard to treating of the period of suspension. Therefore, the opposite party is entitled to get the

incremental dues in his favour in view of the decision rendered by Allahabad High Court in the case of Mritunjai Singh v State, AIR 1971 Allahabad 214 : 1971 LAB. I.C. 646, wherein it has been held that an employee is entitled for the incremental benefit during the period of suspension, unless the same has been withheld.

4. Mr. B. Mohanty, learned Additional Government Advocate wants to examine and apprise this Court accordingly.

5. Call this matter after two weeks.

                                                                                     (DR. B.R. SARANGI)
                                                                                         JUDGE


                 Arun                                                                (G. SATAPATHY)
                                                                                          JUDGE

Designation: ADR-cum-Addl. Principal Secretary

Location: High Court of Orissa Date: 04-Mar-2024 16:59:34