High CourtsDivision Bench(2021) 12 OHC CK 0030

Baman Charan Routray vs State Of Odisha And Others

Orissa High Court · Decided on 6 December 2021

HON’BLE JUDGES
Dr. S. Muralidhar, CJ · A. K. Mohapatra, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (C) No. 7067 Of 2010

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Judgment

5 paragraphs · 213 words
1.

The challenge in the present petition is to an order dated 11th January, 2020 passed by the Odisha Administrative Tribunal, Cuttack Bench, Cuttack (OAT) only to the extent that while granting the Petitioner the benefits arising from the restoration of his position prior to reversion, it was directed that applying the principle of "no work no pay" no arrears of salary for the period in question would be paid. It was, however, clarified that the Petitioner would be entitled to "revision of payment if any" by counting such period towards one time settlement.

2.

The Petitioner has superannuated during the pendency of this petition. The petition has been pending for more than 10 years.

3.

Although learned counsel for the Petitioner has placed on the decision of the Supreme Court in the case of Union of India v. K.V. Janakiraman AIR 1991 SC 2010 and the decision of this Court in Pradipta Kumar Pattnaik v. The Registrar (Judicial), Orissa High Court) and Kelu Charan Samal v. State of Orissa 101 (2006) CLT 576, the Court finds that as far as the case of the present Petitioner is concerned, the relief has been correctly tailored consistent with the legal position regarding 'no work, no pay".

4.

The writ petition is accordingly dismissed..

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