The High Court dismissed the writ petition filed by the State challenging the Orissa Administrative Tribunal's order quashing a Finance Department order regarding regularization and benefit cancellation for Establishment Amins.
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W.P.(C) No. 6895 of 2013
02.03.2016
Heard learned Addl.Government Advocate for the State.
The writ petition has been filed by the State and its functionaries challenging the orde
r dated 29.8.2011 passed by the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A.
No. 2250 (C ) of 2004, holding that the order of the Finance Department dated 15.5.1997 is not
applicable to the applicants- opposite parties and therefore, cancellation of the benefit alr
eady extended to the applicants is not tenable and is quashed. Accordingly, the learned Tribun
al has directed the petitioners to restore the benefits to the applicants as was granted to th
em prior to the passing of the impugned order dated 15.05.1997.
The relevant findings of the learned Tribunal is as follows :
It is submitted by both parties that the case of the applicants can not be covered as per o
rder No. 27263/F dtd. 15.05.1997 as admittedly a separate order for regularization of Amins of
the Settlement & Consolidation Organization is available as per order No. 30764/RS(E)-15-96
dtd.16.7.96. Hence the cases of the applicants who are admittedly Establishment Amins in the S
ettlement & Consolidation Origanization have to be settled as per order No.30764 RS(E) 15-96 d
td. 16.7.96 and letter No. 64519 dtd. 3.10.96 and letter No. 3721 dtd. 24.1.70. Hence as the
order No. 22764/F dtd. 15.5.97 of the Finance Department is not applicable, cancellation of th
e benefits already extended to them vide order at Annexure-5 series is not tenable and quashed
. Hence benefits allowed to them be restored to them as annexure-5 series have been quashed as
the same based on order No. 22764/F dtd. 15.5.97 which is not applicable to the applicants wh
ose cases are governed as per order No. 30764(E) 15-96 dtd.16.7.96. Thus orders be complied wi
thin a period of four months from the date of receipt of these orders.
Considering the submission, we do not find any infirmity in the impugned order so as to
warrant any interference.
The writ petition being devoid of merit, the same is dismissed.
The LCR be sent back forthwith.
S.C.Parija, J.
Dr. B.R. Sarangi, J.
1 issue framed by the court
Whether the order of the Orissa Administrative Tribunal holding that the Finance Department order is not applicable to the applicants warrants interference under Article 226.
State
Applicants/Opposite Parties
S.C.Parija
Dr. B.R. Sarangi
As recorded by the court registry
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