Union of India Vs Manoj Kumar Thakur — Orissa HC (2025) — LawSathi Research

Union of India Vs Manoj Kumar Thakur — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioners to approach the learned Tribunal in accordance with law by filing a review petition within ten days hence, with the delay condonation application in filing the review petition to be taken into account keeping in view of section 14 of the Limitation Act.

Issue for consideration

Whether, in view of the newly produced joining letter dated 08.02.2023 evidencing the opp. party's joining the post of Sorting Assistant at Jharsuguda (a fact not placed before the Tribunal by either side), the writ petition should be disposed of by permitting the petitioners to withdraw and place that material before the Tribunal through a review petition.

Court's answer

In view of the submission regarding the joining letter dated 08.02.2023, the writ petition is disposed of, giving liberty to the petitioners to approach the learned Tribunal in accordance with law by filing a review petition within ten days.

Ratio / Principle

The joining letter dated 08.02.2023 of the opp. party in the post of Sorting Assistant at Jharsuguda is a very material document which ought to be considered by the Tribunal in the interest of justice; the fact of joining had been brought to the notice of the Tribunal neither by the opp. party nor by the petitioners.

Key takeaways

The delay condonation application in filing the review petition shall be taken into account keeping in view of section 14 of the Limitation Act.ratio¶¶29

Detailed headnote1 paragraphs

Writ petition (WP(C) No.12302 of 2025) by the Union of India and postal authorities against the order dated 27.06.2024 of the Central Administrative Tribunal, Cuttack Bench, in O.A. No.260/166 of 2022, whereby the Tribunal — relying on the Punjab & Haryana High Court decision in High Court of Punjab and Haryana Chandigarh -Vrs.- Jaswant Singh (LPA No.1852 of 2016, decided 03.09.2019) — held that opp. party Manoj Kumar Thakur's pay ought to have been fixed in the grade of Sorting Assistant from the date of reversion till restoration to the Inspector cadre, consistent with the GoI OM dated 07.02.1964. Before this Court, counsel for the Union produced the opp. party's joining letter dated 08.02.2023 as Sorting Assistant at Jharsuguda — a fact never placed before the Tribunal by either side — and sought withdrawal to file a review. The Court disposed of the writ, granting liberty to seek review before the Tribunal within ten days, the delay condonation application to be considered keeping in view Section 14 of the Limitation Act.

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No.12302 of 2025

1. Union of India

2. The Chief Postmaster General, Bhubaneswar

3. The Postmaster

General, Sambalpur

4. The Superintendent, RMS ‘K’ Division, Jharsuguda

…. Petitioners

Mr. Satya Sindhu Kashyap, Senior Panel Counsel

-versus-

Manoj Kumar Thakur

…. Opp. Party

CORAM:

THE HON’BLE MR. JUSTICE S.K. SAHOO THE HON’BLE MR. JUSTICE SIBO SANKAR MISHRA

ORDER

Order No.

Signature Not Verified

Digitally Signed Signed by: RAJESH KUMAR BADHEI Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 03-Jul-2025 10:31:26

02.07.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This writ petition has been filed by Union of India and others challenging the order dated 27.06.2024 passed by the learned Central Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.260/166 of 2022 in which relying upon the decision of the Hon’ble High Court of Punjab and Haryana in the case of the High Court of Punjab and Haryana Chandigarh -Vrs.- Jaswant Singh in LPA No.1852 of 2016 decided on 03.09.2019, it has been held that on his report to duty, obviously and

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axiomatically, the applicant’s (opp. party in this writ petition) pay ought to have been fixed in the grade of SA from the date he was reverted to the cadre of SA till his restoration to the cadre of Inspector in compliance of the order of the DA and AA and that after completion of period of punishment, he would be restored to the cadre of Inspector. As per the GoI OM dated 07.02.1964, such an order can be passed on his joining in the post of SA.

Learned counsel for the Union of India files a memo with the joining letter of the opp. party dated 08.02.2023 in the post of Sorting Assistant in Jharsuguda and submits that this fact of joining of the opp. party was neither brought to the notice of the learned Central Administrative Tribunal, Cuttack Bench, Cuttack (hereinafter “Tribunal”) by the opp. party nor by the petitioners and it is a very material document, which ought to be considered by the Tribunal in the interest of justice to arrive at a just conclusion and therefore, the petitioners intend to withdraw this writ petition to approach the learned Tribunal by filing a review petition bringing notice of the learned Tribunal the joining letter dated 08.02.2023 of the opp. party and to argue to that effect. The memo is taken on record.

In view of such submission, this writ petition is disposed of giving liberty to the petitioners to approach the learned Tribunal in accordance with law

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Rajesh

by filing a review petition within ten days hence and the delay condonation application in filing the review petition shall be taken into account keeping in view of section 14 of the Limitation Act.

( S.K. Sahoo) Judge ( S.S. Mishra) Judge

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