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2013 DIGILAW 491 (ORI)

Ambika Prasad Rath v. State of Orissa

2013-12-12

M.P.MISRA

body2013
JUDGMENT Heard the learned counsel for the applicant and the learned Govt. Advocate. A departmental proceeding was initiated against the applicant by order dtd. 28.1.2005 at Annx. 1. After submission of written statement of defence by the applicant the respondents slept over the matter for which the applicant filed the O.A. No. 544/2006 in this Tribunal and the Tribunal by its order dtd. 12.5.2006 disposed of the said O.A. with a direction to the respondents to conclude the departmental proceeding within three months from the date of communication of the order, falling which the proceeding would stand dropped. In spite of this order the respondents did not conclude the departmental proceeding for which the applicant again approached this Tribunal in O.A. No. 1126/2006 and the Tribunal by its order dtd. 24.7.2007 disposed of the matter directing the respondents to regularize the service period of the applicant including the period of suspension. This order was also not implemented. In O.A. No. 443 (e)/2013, which was disposed of by this Tribunal by its order dtd. 17.5.2013, quashed the order directing to enquire into the earlier disciplinary proceeding afresh by appointing an Enquiring Officer. The Tribunal directed that since the departmental proceeding had been dropped and the applicant had been reinstated in service, all consequential benefits should be made available to him. The grievance of the applicant is that in spite of disposal of the disciplinary proceeding and his reinstatement in service on revocation of his suspension he has not been given normal annual increments during the period of suspension and thereafter and his pay also has not been revised under the ORSP Rules, 2008. On hearing the learned counsel for the applicant and the learned Govt. Advocate, the O.A. is disposed of with a direction to respondents to sanction all normal increments to the applicant for the period during his suspension and thereafter till date and to fix his pay under the ORSP Rules, 2008. The arrears that have accrued to the applicant owing to such sanction of increments and fixation of pay be paid to the applicant. The entire exercise be completed within a period of four months from the date of receipt of a copy of this order. O.A. disposed of.