Mayadhar Bhuyan vs State Of Orissa And Others
2021 Latest Caselaw 8225 Ori

        IN THE HIGH COURT OF ORISSA AT CUTTACK
                        WPC (OAC) No.3178 of 1998

Mayadhar Bhuyan                               .....                     Petitioner
                                                    Mr. Abhiram Swain, Advocate
                                        Vs.
State of Orissa and others                    .....               Opposite parties
                                                        Mr. M. Balabantaray, S.C.


            CORAM:
                DR. JUSTICE B.R. SARANGI

                                          ORDER

06.08.2021

Order No. This matter is taken up through hybrid mode.

Heard Mr. A. Swain, learned counsel for the petitioner and Mr. M. Balabantaray, learned Standing Counsel for the State.

The petitioner has filed this writ petition to quash the order of termination under Annexure-4 and grant all consequential relief and allow him to continue in his service.

Mr. A. Swain, learned counsel for the petitioner contended that similar matter has been adjudicated by the Odisha Administrative Tribunal in O.A. No.452 of 2010, which has been disposed of on 27.10.2011 and O.A. No.2328 of 1998, disposed of on 09.01.2013. It is contended that since the petitioner stands on the same footing, his case may be considered in terms of the orders passed by the Tribunal in the aforesaid O.As.

Mr. M. Balabantaray, learned Standing Counsel for the State contended that if the petitioner claims that the aforesaid orders passed by the Tribunal are applicable to him, he may approach the appropriate authority ventilating his grievances in terms of the orders passed in the aforesaid O.As.

Considering the contentions raised by learned counsel for the parties and after going through the records, this Court, while quashing the order of termination under Annexure-4, permits the petitioner to bring to the notice of the authority with regard to the orders dated 27.10.2011 and 09.01.2013 passed by the Odisha Administrative Tribunal in O.A. No.452 of 2010 and O.A. No.2328 of 1998 respectively and if the case of the petitioner is covered by the said orders, the authority shall consider the same and pass appropriate order reinstating the petitioner in service treating the period of termination as "no work no pay" in view of judgment passed by the apex Court in Vijaya Singh v. Union of India, (2007) 2 SCC (L & S) 664 and the petitioner shall not be eligible for any remuneration during the period he was out of service, but shall be eligible for seniority and other service benefits including notional fixation of pay, excepting arrear salary. The order shall be implemented within a period of three months from the date of receipt of copy of this order.

With the above observation and direction, the writ petition is disposed of.

Issue urgent certified copy as per rules.

Alok (DR. B.R. SARANGI) JUDGE