This order transfers the present writ petition to the Supreme Court to be heard along with SLP (C) No.21934/2010, given identical questions and pending transfer applications before the apex court.
trasferimento della causa alla Corte Suprema per essere esaminata congiuntamente alla SLP (C) n. 21934/2010.
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W.P.(C) No.2390 of 2003
09.12.2016
Heard Mr. D. Rajan, learned counsel for the petitioner and Mr. G.P. Dutta, learned couns
el for opposite party no.3.
Mr. G.P. Dutta, learned counsel for opposite party no.3 submits that the petitioner has
filed this application challenging the letter dated 19.02.2003 issued by the opposite party as
well as the order of recovery giving retrospective effect pursuant to letter dated 19.02.2003
along with other reliefs. But, this Court by order dated 25.08.2009 allowed one of the connec
ted writ petitions i.e. W.P.(C) No.2804/2003 and quashed the letter dated 19.02.2003. The said
order was challenged before the apex Court in SLP (C) No.21934/2010. Similar matters which ar
e pending before Chhatishgarh and Andhra Pradesh High Courts have also been directed to be hea
rd analogously by the Supreme Court.
It is stated by Mr. G.P. Dutta, learned counsel for opposite party no.3 that transfer ap
plication no. 371-384/2013 has also been filed before the apex Court, which is still pending f
or consideration and as the question involved in this present writ petition is similar to the
case pending before the apex Court in SLP (C) No.21934/2010 and also transfer applications are
pending, this matter may be transferred to the Supreme Court for hearing along with SLP (C) N
o.21934/2010.
Learned counsel for the petitioner has not disputed such position.
In such view of the matter, considering the contentions raised by learned counsel for th
e parties, this case stands transferred to the apex Court to be heard along with SLP (C) No.21
934/2010.
(DR. B.R. SARANGI)
JUDGE
Petitioner
Opposite Party no.3
DR. B.R. SARANGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court