Ashok Kumar Patra vs State Of Odisha And Ors
2022 Latest Caselaw 4895 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                             W.P.(C) No.23569 of 2022
                 Ashok Kumar Patra                 ....         Petitioner
                                              Mr. Sameer Kumar Das, Adv.
                                         -versus-
                State of Odisha and Ors.          ....    Opposite Parties
                                                      Mr. D. Mund, AGA

                               CORAM:
                               DR. JUSTICE S.K. PANIGRAHI

Order                                      ORDER
No.                                       20.09.2022

01. 1.This matter is taken up through hybrid arrangement.

2. Heard.

3. In this Writ Petition, the Petitioner challenges the

action of the Opposite Party Nos.1 and 2 restricting his

payment of arrear salary from the date of passing of the

order dated 06.11.2015 in W.P.(C) No.19803 of 2015.

Therefore, the Petitioner seeks for a direction from this

Court to the Opposite Party Nos.1 and 2 to release his

arrear salary components from 17.10.1998 to 05.11.2012

with accrued interest.

4. Learned counsel for the Petitioner submits that the

Petitioner's arrear salary has been curtailed by relying on

the decision of the Hon'ble Supreme Court in the case of

Union of India -vrs.- Tarsem Sing1. He further submits

(2008) 8 SCC 648

// 2 //

that the facts of the present Writ Petition is quite distinct

from the facts of the aforesaid judgment. Hence, reliance

on the judgment passed in the case of Tarsem Sing

(supra) is erroneous, in view of the facts and

circumstances of the present case.

5. In such view of the matter, let notice be issued to the

Opposite Parties.

6. Mr. D. Mund, learned Additional Government

Advocate for the State waives of notice on behalf of the

Opposite Party Nos.1 and 2. Required number of copies

of the brief be served on him within three working days

hence, who shall obtain instructions in the matter and file

reply.

7. So far as Opposite Party No.3 is concerned, issue notice

to it through Registered Post with A.D./Speed Post.

Postal requisites shall be filed within three working days

hence.

8. List this matter on 3rd November, 2022.

(Dr. S.K. Panigrahi) Judge B.Jhankar