The Court disposed of a writ petition by directing the petitioner's employer to comply with an earlier Tribunal order regularizing the petitioner's service and extending consequential benefits within three months, after the petitioner retired.
Direction to comply with the Tribunal order dated 4.11.2016 within three months and extend consequential benefits.
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W.P.(C) No. 14301 of 2020
Petitioner in this writ petition seeks for a direction to the opposite parties to comply the order dated 4.11.2016 passed by the Orissa Administrative Tribunal, Cuttack in O.A. No. 1135(C) of 2008 and to release the other consequential benefit as the Orissa Administrative Tribunal as well as this Court in O.A. No. 1135(C) of 2008 issued direction for regularizing the services of the applicants from the initial date of their appointment and in case no vacancy was available by creating supernumerary post for the period such vacancy was available and extend them all consequential service and financial benefits and same was confirmed by this Court in W.P.(C) No. 23275 of 2017.
ks
Earlier petitioner has approached the Orissa Administrative Tribunal, Cuttack in O.A. No. 1135(C) of 2008 with a prayer to regularize her service which was disposed of on 4.11.2016 with a direction to opposite party No.2 to pass appropriate order regularizing the services of the applicants from the initial date of their appointment and in case no vacancy was available by creating supernumerary post for the period such vacancy was available and extend them all consequential service and financial benefits. The Tribunal has specifically directed that the entire exercise shall be completed within a period of three months from the date of receipt of a copy of the order. The copy of the order was issued on 23.11.2016 and served on the opposite party counsel.
2
The aforesaid Tribunal order was challenged by the Department in W.P.(C) No. 23275 of 2017 along with two other writ petitions. The said writ petitions were disposed of on 18.6.2018 by confirming the order of the Tribunal. The petitioners continued in service from the date of initial appointment and direction was given to regularize the service of the applicants from the initial date of their appointment and in case no vacancy was available by creating supernumerary post. Petitioner has completed required period of service to get pension and in the meantime she has retired from service on 31.3.2020 as reveals from Annexure-5. Though the Sub-Collector, Sadar, Sambalpur has issued a letter dated 11.12.2019 to the Collector, Sambalpur for clarification and compliance of the order no communication was made for which the present writ petition was filed.
Since the order passed by the Tribunal was confirmed by this Court as stated above the opposite parties should have complied with the order instead of further harassing the applicant. Accordingly, this Court disposes of the writ petition with a direction to opposite party No.1 to comply the order dated 4.11.2016 passed by the Orissa Administrative Tribunal, Cuttack in O.A. No. 1135(C) of 2008 which was confirmed by this Court on 18.6.2018 in W.P.(C) No. 23275 of 2017 within a period of three months and all the consequential benefit shall be extended to the petitioner hence.
S. Panda,J.
3
1 issue framed by the court
Whether the Department should be directed to comply with the Tribunal order dated 4.11.2016 which was confirmed by this Court and regularize the petitioner's service.
Petitioner
Opposite Party No.1
Orissa Administrative Tribunal, Cuttack
S. Panda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
