Writ petition by the State against an interim tribunal order regarding teacher salary recovery. The court held the petition barred due to efflux of time despite the nature of the interim order.
The writ petition is disposed of; liberty to revive granted.
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O.J.C. No. 7728 of 1999
18. 01.12.2018
Heard learned Addl. Government Advocate for the
petitioners-State.
This writ petition by the petitioners-State is directed against the interim order dated 21.6.1999, passed by the learned Orissa Administrative Tribunal, in Original Application No.1294 of 1999, granting interim direction that the salary of the Government Teachers, which has been held up under Annexure-10 order, be paid to them, subject to the condition that each one of the teachers will give an undertaking to their respective principals to the effect that if in the event this Original Application fails, then the entire salary from 05.5.1999 till 31.5.1999 shall be recovered from the salary of the month which will be due after disposal of the Original Application.
As the petition is against the interim order, it appears that by efflux of time, the writ petition does not survive.
The writ petition is accordingly disposed of.
However, the petitioners are at liberty to revive this petition if any cause of action still survives.
.…….......……………… ( K.S. Jhaveri ) Chief Justice
…………………..……… ( K. R. Mohapatra) Judge
mp
petitioners-State
K.S. Jhaveri
K.R. Mohapatra
As recorded by the court registry
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