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IN THE HIGH COURT OF ORISSA AT CUTTACK RVWPET (RPC) No.137 of 2016 Mahammed Sadeque …. Petitioner -versus- State of Odisha and Ors. …. Opp. Parties Advocates appeared in the case: For Petitioner : -versus- Mr. K.K. Rout, Adv. For Opp. Parties : Mr. D.R. Mohapatra, SC (for S & ME Deptt.) CORAM: DR. JUSTICE S.K. PANIGRAHI DATE OF HEARING:-06.07.2022 DATE OF JUDGMENT:-13.09.2022 Dr. S.K. Panigrahi, J. 1. The review Petitioner had filed the O.A. No. 2850(C) of 2014 seeking a direction to the Opposite Parties to sanction and release his pension and other retiral benefits with effect from 01.06.2011 including gratuity, leave salary etc. within a stipulated time. The case of the review petitioner is that he was appointed as a Primary School Teacher on 12.10.1974 by the order of the District Inspector of Schools, Jagatsinghpur and he 1 of 15 continued as Primary School Teacher till 14.11.1984. Since the review petitioner fell ill and suffered from various ailments, he submitted his leave application to the authorities from time to time. The review petitioner was absent from his duties from 15.11.1984 to 31.5.2011 because of his ailments and ultimately on attaining the age of superannuation he retired from service on 31.5.2011. The review petitioner also averred in the Original Application that during the period of leave, without any communication or without any disciplinary proceeding being initiated against him, his services were terminated. Therefore, in view of the Rule 72(2) of the Orissa Service Code, the review petitioner is deemed to be continuing in service and is entitled to get pension and other retiral benefits. 2. In view of the Rule 72(2) of the Orissa Service Code, if a Government servant does not resume duty after remaining on leave for a continuous period of five years, or where a Government servant after the expiry of his leave remains absent from duty otherwise than on foreign service or on account of suspension, for any period which together with the period of the leave granted to him exceeds five years, he shall, unless Government in view of the exceptional circumstances of the case otherwise determine, be removed from service after following the procedure laid down in the Orissa Civil Services 2 of 15 (Classification, Control and Appeal) Rules, 1962. The said Rule 72(2) of the Orissa Service Code reads as follows: leave "Rule 72(2) Where a Government servant does not for a resume duty after remaining on continuous period of five years, or where a Government servant after the expiry of his leave remains absent from duty otherwise than on foreign service or on account of suspension, for any period which together with the period of the leave granted five years, he shall, unless to him exceeds Government exceptional the in circumstances of the case otherwise determine, be removed from service after following the procedure the Orissa Civil Services laid down (Classification, Control and Appeal) Rules, 1962." view in of The Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 clearly provides that for removal from service, the detailed procedure prescribed under Rule 15 is to be followed. 3. The grievance of the petitioner is that the Review petitioner was removed from service without following the due procedure. Hence his removal from service is illegal and he is entitled to get pension and other retiral benefits. The Ld. Tribunal upon hearing the parties and having relied on judgment passed by the Apex Court in Syndicate Bank -v- State Association1, and Aligarh Muslim University -v- Mansoor Ali Khan2, dismissed the Original Application vide