Union Of India & Others vs Hara Narayan Bisoi
2022 Latest Caselaw 5546 Ori

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                               W.P (C) No. 26154 of 2022

Union of India & others                  .....                               Petitioners
                                                        Mr. G.Acharya, Senior Counsel.
                                         Vs.
Hara Narayan Bisoi                       .....                          Opposite Parties

              CORAM:
                  DR. JUSTICE B.R. SARANGI
                  MR. JUSTICE G. SATAPATHY

                                                ORDER

14.10.2022 W.P.(C) No. 26154 of 2022 & I.A. No. 13776 of 2022 Order No. This matter is taken up through hybrid mode.

01.

2. Heard Mr.Goutam Acharya, learned Senior Counsel appearing along with Mr. S.K. Patra, learned Standing Counsel for the Union of India-Petitioners.

3. The Union of India-petitioners have filed this writ petition to quash the order dated 29.08.2022 passed in RA No. 260/0004 of 2022 under Annexure-1 and the order dated 20.04.2022 in O.A. No. 260/00553 of 2020 under Annexure-2 passed by the Central Administrative Tribunal Cuttack Bench, Cuttack, by holding that the opposite party is not entitled to the benefit of notional increment, as he was retired a day before his increment becoming due, i.e., 1st July, 2008 and he has retired on 30th June, 2008.

4. Mr. Goutam Acharya, learned Senior Counsel appearing along with Mr. S.K. Patra, learned Standing Counsel for the Union of India-Petitioners contended that the Tribunal has committed gross error apparent on the face of record in extending the benefit to the opposite party by relying upon the judgment of Central Administrative Tribunal, Delhi Bench, Delhi. It is contended that the said judgment on being challenged by the petitioners before the Delhi High Court was stayed, as similar matters, that is to say whether annual increment can be granted to an employee after his

retirement, are pending before the Apex Court. Therefore, the Tribunal could not have passed the orders impugned in the original application as well as review application.

5. Issue notice to opposite parties.

6. Steps for service of notice on the opposite party by registered post with A.D. within three days. Office shall send notice to the said opposite party fixing an early returnable date.

7. As an interim measure, there shall be stay operation of the order dated 29.08.2022 passed in RA No. 260/0004 of 2022 under Annexure-1 and the order dated 20.04.2022 in O.A. No. 260/00553 of 2020 under Annexure-2 passed by Central Administrative Tribunal Cuttack Bench, Cuttack, till 2nd November, 2022.

Issue urgent certified copy as per rules.

                                                          (DR. B.R. SARANGI)
                                                                JUDGE



                                                            (G. SATAPATHY)
Ashok/Kishore                                                    JUDGE