KASHINATH RATH Vs. STATE OF ORISSA

JUDGEMENT

(1.) It is surprise to note that the applicant who is in his 88th years of age still in litigation seeking a direction for release of admitted retiral dues along with appropriate interest.

(2.) Background involving the case is that at some point of time, petitioner tendered resignation but, however, before the expiry of time to accept resignation, petitioner submitted an application withdrawing the same. His request for not accepting the withdrawal application was turned down and the petitioner was treated to have been retired on resignation, subsequently there was further direction vide order dtd. 5/3/1992. Being aggrieved by such action, petitioner carried Original Application No.429 of 1992 challenging both the orders relating to accept request dtd. 18/12/1982 as well as the order dtd. 5/3/1992 requiring petitioner to submit show-cause as to why he shall not be removed from service with effect from 1/11/1966. Deciding Original Application No.429 of 1992 on contest, the Tribunal in allowing the O.A. in paragraphs, 6, 7 and 8 came to hold as follows:

(3.) In sum and substance, the Administrative Tribunal by its judgment dtd. 21/11/2000 in both the orders at Annexure-5 dtd. 2/12/1991 and at Annexure- 12 dtd. 5/3/1992 therein, there is no doubt based on such decision of the Tribunal, the petitioner would be treated to have been continuing in service till attaining the age of superannuation on 31/1/1991. Copy of the Tribunal's judgment is appearing at Anenxure-8.