STATE OF ORISSA Vs. BALAKRISHNA SARANGI

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THESE four writ petitions are filed at the instance of the State against the judgments and orders dated 15.03.2000 passed by the Orissa Administrative Tribunal, Bhubaneswar in four Original Applications, which were disposed of by the Tribunal by separate decisions, setting aside 'the orders of compulsory retirement of the opposite parties from service with direction to reinstate them on their respective position with all consequential financial and service benefits. Balakrishna Sarangi, the opposite party in OJC No.6163 of 2000 had filed O.A. No. 280 of 1995, Nabakrishna Sahu, the opposite party in OJC No.6164 of 2000, had filed O.A. No.2239 of 1994, Bijaya Kumar Mohanty(B), the opposite party in OJC No.6165 of 2000, had filed O.A. No.2196 of 1994 and Adhiraj Mohan Senapati, the opposite party in OJC No.6162 of 2000, had filed O.A. No. 2226 of 1994.

(3.) ALL the opposite parties were working as Executive Engineers in the erstwhile Irrigation and Power Department. The Tribunal has held in its impugned judgments and orders that the constitution of review committee was not proper. Since the impugned orders of compulsory retirement are based on the recommendation of the review committee, which was not a review committee under the law, as no Chief Engineer was available therein and only the person who was sitting as a member of the review committee was a Chief Engineer who was given re -employment after his superannuation, but his designation was Chairman -cum -Managing Director, OPGC, such orders are not sustainable in the eye of law.