Rabin Pattnaik v. State Ofodisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.C. (OA) No.1964 of 2016 Rabin Pattnayak ....
Petitioner Ms. A. Mishra, Proxy Counsel on behalf of Mr. R.K. Bisoi, Advocate -versusState of Odisha and Others ....
Opposite Parties Mr. Prasanna Kumar Mohanty, ASC
CORAM:
JUSTICE M.S. RAMAN Order No.
ORDER
08.08.2022 03.
1.
This matter is taken up through virtual/physical mode. 2.
The Original Application No.1964 of 2016 was filed before the Odisha Administrative Tribunal, Bhubaneswar Bench, Bhubaneswar. After its abolition, the same has been transferred to this Court which is renumbered as WPC (OA) No.1964 of 2016.
3.
Challenging the following orders dated 23.08.2016 vide Annexures-6 & 7 issued by Assistant Director of Directorate of Treasuries and Inspection, Odisha, Bhubaneswar the petitioner has approached this Court.
4.
Said orders impugned in the instant case read as follows:- "In pursuance of Finance Dept. Letter No.33679/F, dt.06.12.2014 & clarification issued thereon vide Finance Dept. Letter No.5293/F, dt.04.03.2015, the Grade Pay allowed along with the minimum pay of corresponding pay band to all the contractual employees as have been working in different Treasuries/ Sub-Treasuries is hereby withdrawn." Corrigendum "The second sentence appearing in the Office Memo No.12419/DTI, dt.23.08.2016 may be read as "They are requested to withdraw the benefit of Grade Pay allowed to all the contractual employees w.e.f. 12.08.2014 who have been engaged prior to dt. 12.11.2013 and....... month" instead of "They are requested to withdraw the benefit of Grade Pay
// 2 // allowed to all the contractual employees as have been working on contractual basis w.e.f. 12.08.2014 immediately and ..... month."
5.
The learned Odisha Administrative Tribunal while issuing notice vide order dated 12.09.2016 as an interim measure passed the following order:- xxx xxxx xxx "Heard Mr. R.K. Bisoi, learned counsel for the applicant and Mr. N.C. Badjena, learned standing counsel. The case is admitted. Notice be issued, returnable within four weeks and rejoinder, if any, be filed within two weeks thereafter.
List this matter after six weeks.
So far as interim prayer is concerned, operation of order dated 23.08.2016 under Annexure-7 be kept in abeyance, so far as it relates to the applicant, till filing of the counter." 6.
Record reveals that counter dated 19.08.2019 has been filed.
7.
At the time of hearing today, Ms. A. Mishra, learned Proxy Counsel on behalf of Mr. R.K. Bisoi, learned counsel for the petitioner submitted on instructions that the matter has been rendered infructuous by efflux of time.
8.
In view of the above, the writ petition stands disposed of as infructuous.
9.
The Interim Order passed by the learned Odisha Administrative Tribunal is hereby vacated.
(M.S. Raman) Judge Basudev