Writ petition challenging a Tribunal order on pay fixation; petitioners produced an office order showing implementation, so the court directed disbursement of consequential benefits and disposed of the petition.
Petitioners directed to give effect to office order and pay consequential benefits within four weeks.
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2 04.7.2024 Ct. No. 11 SB
WP.CT 147 of 2024
Union of India & Ors. Vs. Sanat Paik
Mr. Atarup Banerjee Ms. Ashima Roy Chowdhury … for the petitioners Mr. S.K. Datta Mr. Barun Chatterjee … for the respondent
In course of hearing of the present writ petition, Mr. Dutta, learned advocate appearing for the respondent has placed before us a memo dated 27.03.2024 issued by the Deputy Registrar/H.O.O. From the said Office Order No. 178 dated 27.03.2024 it appears that, in implementation of the order impugned in the present writ petition the petitioners herein have proposed to fix the pay of the respondent herein in terms of DOP&T Office Memorandum No. 35034/3/2008-Estt(D)(Vol.II) dated 04.07.2017. In the said office order it has also been stated that,
‘ The above pay fixation is subject to verification of PAO office OR Internal / Statuary Audit and the officer is informed that if at a later date any amount is found to have been paid in excess of the amount for which he is entitled on account of the above fixation, the same will be recovered as per Rules.
This order is issued in supersession of earlier Office Order No. 174 dated 08.02.2024’.
In view thereof, no interference is called for in the present writ petition since through issuance of the Office Order No. 178 dated 27.03.2024, the order of the learned Tribunal has been complied with.
2
Accordingly, the petitioners shall give effect to the office order and disburse the consequential benefits to the respondent as expeditiously as possible preferably within a period of four weeks from date subject to compliance of necessary formalities.
With the above observations and directions the writ petition is disposed of.
(Patha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)
1 issue framed by the court
Whether the Tribunal's order had been complied with through Office Order No. 178 dated 27.03.2024 fixing the respondent's pay.
1 provisions across 1 enactments
Union of India & Ors.
Sanat Paik
Patha Sarathi Chatterjee
Tapabrata Chakraborty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
