STATE OF ORISSA AND ANR. versus DR. PYARI MOHAN MISRA

Reversion of respondent, who was appointed on ad-hoc basis and not in substantive capacity, is legal and valid, especially given government policy to appoint an IAS officer to the post.

Parties: Appellant: State of Orissa and Anr.; Respondent: Dr. Pyari Mohan Misra
Jurisdiction: India
Judgment Date: 06 January 1995
Procedural Posture: Civil Appeal / Appeal From Orissa Administrative Tribunal
Outcome: Appeal disposed; TA stands dismissed; no costs.
Legal Topics: Appointment on Ad Hoc Basis, Policy Decision for IAS Officer, Reversion of Ad Hoc Appointee, Pensionary Benefits

Service Law Appointment on Ad Hoc Basis Policy Decision for IAS Officer Reversion of Ad Hoc Appointee Pensionary Benefits

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Parties

State of Orissa and Anr.

Appellant

Dr. Pyari Mohan Misra

Respondent

Procedural Posture

Civil Appeal / Appeal From Orissa Administrative Tribunal

Legal Issues

1 Validity of reversion of respondent from Director of Fisheries to Joint Director

Ratio Decidendi

Reversion of respondent, who was appointed on ad-hoc basis and not in substantive capacity, is legal and valid, especially given government policy to appoint an IAS officer to the post.

Court Disposition

Appeal disposed; TA stands dismissed; no costs.

Orders

Respondent to be given pensionary benefits computing pay as if he voluntarily retired as Director from December 16, 1977.