Dr.Leesa Misra Vs. State

Dr.Leesa Misra vs State

Type Court Judgment Court Orissa Decided Aug 13, 2013

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https://sooperkanoon.com/case/1084208

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Citation: sooperkanoon.com/1084208
Court: Orissa High Court
Decided On: Aug 13, 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Dr.Leesa Misra

Respondent

State

Excerpt

.....accepted and she had been allowed to work as medical officer by the cuttack municipal corporation from 26.03.2001 to 28.07.2003, as per annexure-2 to the writ petition. it is accordingly submitted that the petitioner is entitled to her salary for the aforesaid period she has worked as medical officer of the corporation sr.p.k.mohanty, learned senior counsel appearing for the cuttack municipal corporation on instruction submits that the petitioner had infact joined in the post of medical officer under cuttack municipal corporation and had worked from 26.03.2001 to 28.07.2003. further, it is submitted that in absence of necessary sanction from the state government for the post occupied by the petitioner, her salary could not be paid. on perusal of the communication to the state government under annexure-13 it is seen that the executive uks officer, cuttack municipal corporation has been directed to accept the joining report of the petitioner from the date of joining and pay her salary. therefore, it cannot be stated that the post of medical officer of cuttack municipal corporation, which the petitioner occupied from 26.03.2001 and 28.07.2003 was not sanctioned. in view of the above, it is not disputed that the petitioner had joined in the post of medical officer under cuttack municipal corporation from 26.03.2001 to 28.07.2003 and therefore petitioner is entitled to the salary for the said period. accordingly, the cuttack municipal corporation-opposite party no.2 is directed to pay the salary of the petitioner for the period from 26.03.2001 to 28.07.2003, as expeditiously as possible, preferably within a period of three months hence. writ petition is accordingly disposed of. issue urgent certified copy as per rules. ……………………… s.c.parija, j.

Full Judgment

W.P.(C) No.12670 o”

07.

13.08.2013 Heard learned counsel for the petitioner and learned counsel for the State and Sr.P.K.Mohanty, learned Senior counsel appearing for Cuttack Municipal Corporation.

This writ petition has been filed praying for a direction to the Cuttack Municipal Corporation to pay the arrear salary of the petitioner as due and admissible from 26.03.2001 to 28.07.2003.

Learned counsel for the petitioner has referred to the communication of the State Government dated 03.10.2002 under Annexure-13 to the writ petition, wherein the Executive Officer, Cuttack Municipal Corporation had been requested to pay the salary of the petitioner by accepting her joining report from the date of her joining and to report compliance.

It is submitted that the joining report of the petitioner has been accepted and she had been allowed to work as Medical Officer by the Cuttack Municipal Corporation from 26.03.2001 to 28.07.2003, as per Annexure-2 to the writ petition.

It is accordingly submitted that the petitioner is entitled to her salary for the aforesaid period she has worked as Medical Officer of the Corporation Sr.P.K.Mohanty, learned Senior counsel appearing for the Cuttack Municipal Corporation on instruction submits that the petitioner had infact joined in the post of Medical Officer under Cuttack Municipal Corporation and had worked from 26.03.2001 to 28.07.2003.

Further, it is submitted that in absence of necessary sanction from the State Government for the post occupied by the petitioner, her salary could not be paid.

On perusal of the communication to the State Government under Annexure-13 it is seen that the Executive uks Officer, Cuttack Municipal Corporation has been directed to accept the joining report of the petitioner from the date of joining and pay her salary.

Therefore, it cannot be stated that the post of Medical Officer of Cuttack Municipal Corporation, which the petitioner occupied from 26.03.2001 and 28.07.2003 was not sanctioned.

In view of the above, it is not disputed that the petitioner had joined in the post of Medical Officer under Cuttack Municipal Corporation from 26.03.2001 to 28.07.2003 and therefore petitioner is entitled to the salary for the said period.

Accordingly, the Cuttack Municipal Corporation-opposite party no.2 is directed to pay the salary of the petitioner for the period from 26.03.2001 to 28.07.2003, as expeditiously as possible, preferably within a period of three months hence.

Writ petition is accordingly disposed of.

Issue urgent certified copy as per rules.

……………………… S.C.Parija, J.

Same Court & Year Orissa · 2013 Same Parties Dr.Leesa Misra vs State Same Subject Education