WP(C)/36722/2020
2021 Latest Caselaw 311 Ori

Citation : 2021 Latest Caselaw 311 Ori
Judgement Date : 8 January, 2021

Orissa High Court

WP(C)/36722/2020 on 8 January, 2021

W.P.(C) No. 36722 of 2020

W.P.(C) No. 36722 of 2020 & I.A. No. 15795 of 2020

02. 08.01.2021 This matter is taken up by video conferencing mode.

Heard Mr. Suryanarayan Patnaik, learned counsel for the Petitioner and Mr. M.S.Sahoo, learned Additional Government Advocate for the State-Opposite Parties.

The grievance of the Petitioner is that after abolition of the Odisha Administrative Tribunal(OAT), a notice has been issued on 20th November, 2020 by the Joint Secretary to Government of Odisha, to the Registrar, OAT, Bhubaneswar directing recovery of the excess drawals and all other allowances except Basic Pay and DA for the period from 06.08.2019 to 04.05.2020 from the present Petitioner, who was a former Acting Chairman of the OAT. It is stated that the said order has been issued without any prior notice to the petitioner, which is per-se arbitrary and illegal.

It appears from the impugned order that the said action has purportedly been taken pursuant to the judgment of the Supreme Court in Sri Justice S.K. Ray v. State of Orissa, AIR 2003 SC 924 and the decisions of the Himachal Pradesh High Court in B.S. Chauhan v. Union of India (CWP NO. 920 of 2009) and Vijay Pal Singh v. Union of India (CWP No. 921 of 2009).

Issue notice.

Since Mr. M.S.Sahoo, learned Additional Government Advocate accepts notice on behalf of the Opposite Parties, learned counsel for the Petitioner will serve three extra copies of the writ petition on him within three days.

List the matter on 7th April, 2021.

Counter affidavit shall be filed within four weeks. Rejoinder, if any, shall be filed by the next date.

Till the next date, no coercive action shall be taken against the petitioner pursuant to the impugned order in question.

As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed, vide Court's Notice No.4587, dated 25th March, 2020.



                                                  (Dr. S. Muralidhar)
                                                     Chief Justice


                                                   (Dr. B.R. Sarangi)
A.Dash                                                   Judge