Union Of India Andors. v. Susantamay Mitra Andor

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IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P. (C). No.16974 of 2010 Union of India& Others ....

Petitioners Mr.P.K.Parhi, ASGI & Mr. Udit Ranjan Jena,CGC -versusSusantamay Mitra & Others ....

Opp. Parties Mr. Sambit Rath, Advocate

CORAM:

THE CHIEF JUSTICE JUSTICE R.K.PATTANAIK Order No.

ORDER

15.02.2022 3.

1. This petition by the Union of India through the Department of Posts questioned order dated 14th May, 2010 of the Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No. 57 of 2007. By this impugned order of the CAT quashed the order dated 3rd August, 2006 passed by the Director of Account (Postal), Cuttack reducing her pay from Rs.6,800/- to Rs.6,650/- and after her retirement recovery of sum of Rs.42,909/- from her gratuity towards the differential pay and allowance paid to her on the basic pay of Rs. 6,800/- for the period from 1st July, 1984 to 31st May, 2006.

2. During the pendency of the aforementioned O.A. No. 57 of 2007 before the CAT the original applicant expired and was substituted by her legal representatives, who are Opp.Parties Nos. 1, 2 & 3 herein.

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3. Considering the amount involved and the fact that the original applicant is no more, the Court considers it appropriate not to interfere in the impugned order but dispose of the petition leaving questions of law arising therefrom open for consideration in some other case, and clarifying that the impugned order will not constitute a precedent.

4. The writ petition is disposed of in the above terms. (Dr. S. Muralidhar) Chief Justice ( R.K.Pattanaik) Judge Tudu/kabita