(1.) The petitioner, Junior Clerk, approached the Odisha Administrative Tribunal, Cuttack Bench, Cuttack under Sec. 19 of the Administrative Tribunals Act, 1985, with a prayer to quash revised Last Pay Certificate issued vide Office Order bearing Memo No.107 dtd. 24/7/2015 (Annexure-7) cancelling Last Pay Certificate issued vide Letter No.91, dtd. 25/5/2015 as communicated by Headmistress of Government Girls' High School, Kazibazar, Cuttack and Office Order No.116, dtd. 7/7/2015 cancelling one time refundable of Rs.7,500.00 (which was sanctioned by Office Order No.75, dtd. 18/5/2015) communicated by Headmistress of Government Girls' High School, Badambadi, Cuttack (Annexure-8), craving for following relief:
(2.) Shorn off irrelevant detail narration of fact, suffice it for the purpose of present case to describe that the petitioner-Sujata Das pursuant to Officer Order No.893, dtd. 8/8/1990 issued by the District Adult Education Officer, Cuttack was appointed provisionally on ad hoc basis for a period of 89 days from the date of joining in the post of Typist against the post of Stenographer. She was allowed scale of pay of Rs.950.00 - Rs.1,500.00 with usual D.A. and A.D.A. as admissible under Rules. Copy of said Office Order dtd. 8/8/1990 stated thus: "Mrs. Sujata Das, C/o. Sri Dhuleswr Das, Vill.: Jagannathpur, P.O.: Balikuda, P.S.: Balikuda, District: Cuttack, an outsider, after formal test is appointed provisionally as Typist against the post of Stenographer on ad hoc basis for 89 days from the date she actually reports to duty in the scale of Rs.950.00 to 1500 with usual D.A. and A.D.A. and other allowances as admissible under Rules till the post is filled up in regular manner by observing recruitment rule. The post is purely temporary basis and can be terminated at any time without issue of prior notice."
(3.) Revised Last Pay Certificate issued vide Office Order bearing Memo No.107 dtd. 24/7/2015 (Annexure-7) cancelling Last Pay Certificate issued vide Letter No.91, dtd. 25/5/2015 as communicated by Headmistress of Government Girls' High School, Kazibazar, Cuttack and Office Order No.116, dtd. 7/7/2015 cancelling one time refundable of Rs.7,500.00 (which was sanctioned by Office Order No.75, dtd. 18/5/2015) communicated by Headmistress of Government Girls' High School, Badambadi, Cuttack (Annexure-8), are untenable since it has been clearly mentioned in Office Order dtd. 28/11/2013 that consequent upon reorganization of School and Mass Education Department and pursuant to the Government Order dtd. 18/5/2013 and Notification dtd. 25/11/2003 and "after due approval of the Director, Secondary Education, Odisha, Bhubaneswar vide Order No.48543, dtd. 25/11/2013", the petitioner has been "repositioned/adjusted against the post of Junior Clerk" with its scale of pay at Government Girls' High School, Kazibazar, Cuttack.
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