The court found no continuing cause of action after the petitioner's superannuation and subsequent relief, disposing of the petition except to direct determination of pending retirement dues within three months.
Direction to work out petitioner's retirement dues within three months from communication of order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(C) No.6319 of 2003
Conferencing.
Heard Mr.B.S. Tripathy-1, learned counsel for the petitioner.
The writ petition involves the following prayer:
“On the facts and circumstances stated above, the petitioner, therefore, most humbly prays that this Hon’ble Court be graciously be pleased to:
During course of submission, Mr.Tripathy, learned counsel for the petitioner brought to the notice of this Court the interim protection granted in favour of the petitioner on 23.07.2003 submitted that by virtue of this order, petitioner was not only allowed to continue in service but on subsequent development, the services of the petitioner is also taken over by the State. Further, for the interim protection granted to the petitioner on 23.07.2003 considering that the petitioner
uks
2
has attained the age of superannuation in the meantime, the show-cause notice vide Annexure-6 rendered infructuous. Through the documents under Annexure-15 appended to the memorandum, the petitioner on her attaining the age of superannuation has been relieved from her duty, w.e.f. 31.01.2019. It is in this view of the matter and for the development taken place in the meantime, this Court finds no cause of action surviving in the matter at hand except directing the Competent Authority to work out the retiral dues involving the petitioner in the event the same has not been worked out as yet. The entire exercise shall be completed within a period of three months from the date of communication of copy of this order by the petitioner.
With the above observation, the writ petition stands disposed of.
Petitioner may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notification No.4587 dated 25.3.2020.
..…....……………………… Biswanath Rath, J.
3
4
1 issue framed by the court
Whether the show-cause notice remains operative after the petitioner attains the age of superannuation and is relieved from duty.
1 provisions across 1 enactments
Petitioner
Director, Municipal Administration
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
