Radheshyam v. State
Case brief
What is this about?
The court observed that a Tribunal order dated 21.5.1998 was delivered in favour of an applicant who had died on 25.5.1994. Holding that a decree cannot be passed in favour of a dead person, the court set aside the Tribunal order and allowed the writ petition to that extent.
What did the court decide?
The order dated 21.5.1998 passed by the Orissa Administrative Tribunal in Original Application No.1261 of 1990 stands set aside and the writ petition is allowed.
What the court decided
O.J.C. No. 9572 of 1998
- 07.12.2018 Heard learned counsel for the parties.
By way of this writ petition, the petitioner has challenged the order dated 21.5.1998, passed by the Orissa Administrative Tribunal, Bhubaneswar, in Original Application No.1261 of 1990, under Annexure-6, quashing the appointment of the petitioner to the rank of Junior Clerk-cum-Typist and the subsequent promotion to the higher post of Accountant.
From the record, it is seen that the original applicant Nilachal Beriha before the learned Tribunal was expired on 25.5.1994 and the order was delivered by the learned Tribunal on 21.5.1998 in favour of a dead man.
In view of the well settled principle of law, the decree cannot be passed in favour of only applicant, who is dead.
In that view of the matter, the Original Application No.1261 of 1990 stands abated and the order passed by the Orissa Administrative Tribunal, Bhubaneswar dated 21.5.1998 in the said application is set aside.
The writ petition is allowed to the aforesaid extent
only.
( K.S. Jhaveri ) Chief Justice
…………………..……… (K.R.Mohapatra ) Judge
Parties & counsel
- petitioner
Unknown Petitioner
Coram
K.S. Jhaveri
K.R. Mohapatra
Case details
As recorded by the court registry
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