State Of Odisha v. Aswini Ku.Sahu

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P (C) No. 1367 of 2014 State of Odisha and others .....

Petitioners Mr. J.P. Pattnaik, G.A.

Vs.

Aswini Kumar Sahu .....

Opposite Party Mr. B. Rout, Adv.

CORAM:

DR. JUSTICE B.R. SARANGI MISS JUSTICE SAVITRI RATHO

ORDER

16.03.2022 Order No.

8.

This matter is taken up through hybrid mode.

2.

Heard Mr. J.P. Pattnaik, learned Government Advocate for the petitioners and Mr. B. Rout, learned counsel for the opposite party.

3.

The petitioners-State have filed this writ petition challenging the order dated 05.10.2012 passed by the Orissa Administrative Tribunal, Bhubaneswar in O.A. No. 1779 of 1999 under Annexure-1, by which the tribunal directed the petitionersState to reinstate the opposite party in service. The tribunal further directed that the opposite party is not entitled to any back wages for the period during which he has not discharged his duty, but will be entitled to other service benefits.

4.

As it appears, the aforesaid order passed by the tribunal has been challenged before this Court and while entertaining the same, this Court, vide order dated 26.03.2014 in Misc. Case No. 1333 of 2014, kept in abeyance the order passed by the tribunal. Thereby, it is incumbent upon the petitioners-State to reinstate the opposite party and extend the benefits as due and admissible to him in terms of the judgment of the tribunal. If the judgment of the tribunal has not yet complied with, the same shall be complied with within a period one month from the date of receipt of

certified copy of this order.

5.

The writ petition is accordingly disposed of. Issue urgent certified copy as per rules.

Ashok/Sukanta (DR. B.R. SARANGI) JUDGE (SAVITRI RATHO) JUDGE