Unknown vs 2 04.06.2021 This Matter Is Taken ...
2021 Latest Caselaw 6109 Ori

          W.P.(           C.M.P.
                            W.P.(C).
                                 No.1360
                                     No.13478
                                         of 2015
                                               of 2021




2 04.06.2021

This matter is taken up by video conferencing mode.

Heard learned counsel for the parties.

There is allegation of non-compliance of the Tribunal order at Annexure-1 which appears to have been confirmed by a Division Bench of this Court in W.P.(C).No.11138 of 2018 and further reaffirmed by rejection of the review petition bearing RVWPET No.194 of 2019 again by Division Bench. Petitioner alleges that in spite of undertaking to comply the direction of the Tribunal, there is no compliance. Keeping in view the developments taken place involving the matter, this Court disposes of the writ petition with a direction to the opposite party no.2 to see compliance of the direction of the Tribunal involved herein within a period of fifteen days from the date of communication of a copy of this order by the petitioner.

In the event of regularization and there is hike in the pay of the petitioner for unnecessary delay at the instance of the opposite parties, this Court also directs for not working out of the direction of the Tribunal. arrear dues, if any, within reasonable time, the petitioner will also be entitled interest @ 8% on the entitlement at least from the date of judgment of the Tribunal. The entire arrear and interest amount shall also be calculated within a period of four weeks from regularization and be paid to the petitioner immediately at least within a period of one week thereafter. For unnecessary burdening the State, If so advised, State may initiate a proceeding involving the Officers responsible for non-implementation of the Tribunal direction even after same is confirmed by this Court and for unnecessary financial burden, the State can realize the same from the erring officer.

As restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25.3.2020 as modified by Court's Notice No.4798, dated 15th April, 2021. sks

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Biswanath Rath, Vacation Judge