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Judgment
Learned counsel for the Appellant submits that the prayer before the learned Single Judge was for a direction to the Opposite Parties to give the Appellant notional promotion from the day that his juniors were promoted so that his pensionary benefits could be reworked correspondingly. He accordingly submits that the matter had not become infructuous as was wrongly noted by the learned Single Judge.
Having heard learned counsel for the parties, the Court finds that indeed a prayer in the application before the Orissa Administrative Tribunal (OAT), which was after the abolition of the OAT, transferred to the High Court and registered as WPC (OAC) No. 3893 of 2012 was for the aforementioned relief. Merely because the Appellant had superannuated in the meanwhile, such relief could not be rendered infructuous. Further it is seen that no counter affidavit was filed by the State even before the OAT.
For the aforementioned reasons, the impugned order is set aside and WPC(OAC) No. 3893 of 2012 is directed to be listed before the roster Bench of the learned Single Judge on 21st August, 2023. The respondent-State will file its parawise reply to the writ petition on or before 7th August, 2023 and the Appellant herein will file rejoinder thereto, if any, on or before 21st August, 2023. No further time will be granted to either party for the purpose. The Court clarifies that it has not expressed any view on the merits of the matter. The learned Single Judge is requested to proceed with the writ petition on merits and endeavour to dispose it of as expeditiously as possible.
The writ appeal is disposed of in the above terms. Issue urgent certified copy of this order as per rules.
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