Dr. Ala Narayana vs Union Of India
2021 Latest Caselaw 933 Tel

          HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
                            AND
           HON'BLE Dr.JUSTICE SHAMEEM AKTHER, J

                 WRIT PETITION No.20352 of 2020

ORDER: (per ARR, J)

      This writ petition is filed challenging the order dated 04.09.2020,

passed by the Central Administrative Tribunal in O.A.No.926 of 2019,

wherein and whereby, the OA filed by the petitioner herein seeking

enhancement of his age of retirement to 65 years, was dismissed.

      Learned counsel for petitioner submits that the High Court of

Odisha allowed the writ petition in W.P.(C).No.30620 of 2020 by order

dated 17.12.2020, in similar circumstances.         As such, petitioner is

entitled for the same relief.

      On the other hand, learned Assistant Solicitor General Sri

T.Suryakaran Reddy, appearing for respondents submits that the

Department has filed SLP (Civil) No.4110 of 2021 against the said

judgment of Odisha High Court and it is pending before the Hon'ble

Supreme Court.

It is to be seen that there is no dispute that the issue in the present

writ petition is covered by the order dated 17.12.2020 passed by the

High Court of Odisha in W.P.(C).No.30620 of 2020, but the only

objection raised is that SLP (Civil).No.4110 of 2021, preferred against

the said judgment, is pending before the Hon'ble Apex Court. But, as

on today, the judgment of Odisha High Court is neither suspended nor

stayed.

In view of the above, for the reasons alike in the judgment dated

17.12.2020 rendered by the Odisha High Court in W.P.(C).No.30620 of

2020, this writ petition is also allowed. However, this order will be

subject to the further orders to be passed by the Hon'ble Supreme Court

in SLP (Civil) No.4110 of 2021. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed.

__________________________ A.RAJASHEKER REDDY, J

__________________________ Dr.SHAMEEM AKTHER, J Date: 23.03.2021

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