Orissa High Court
Union Of India & Ors vs Sadhan Kumar Sinha …. Opp. Party on 18 February, 2026
Author: Chittaranjan Dash
Bench: Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.4892 of 2026
Union of India & Ors. .... Petitioners
Represented by Adv.-
Mr. Gopinath Sethi, Sr. Panel Counsel
-versus-
Sadhan Kumar Sinha .... Opp. Party
Represented by Adv.-
CORAM:
JUSTICE KRISHNA SHRIPAD DIXIT
JUSTICE CHITTARANJAN DASH
ORDER
18.02.2026
Order No.
01. The Union Government and its officials are before this Court for
laying a challenge to order dated 09.08.2023 entered by the Central
Administrative Tribunal, Cuttack Bench, Cuttack whereby Opposite
Party’s O.A. No.260/00275 of 2021 having been favoured, the following
relief has been bestowed on them:
“4. Ld. Counsel for the applicant has also placed reliance on
the decision of this Bench of the Tribunal in OA No. 186/2022
dated 21.07.2023 (Ramesh Chandra Hota Vs. UOI & Ors.)
wherein, in similar matter, this Tribunal has allowed the
benefit of notional increment in favour of the applicant
therein, which is perused. In view of the facts and law laid
down by the Hon’ble Apex Court quoted above, the stand taken
by the respondents has lost its significance leading to the
irresistible conclusion that the applicant is entitled to the
reliefs sought in this OA. Accordingly, the impugned order
dated 24.11.2020 (A/3) is hereby quashed. Respondents are
directed to fix the pay and pensionary benefits after granting
one notional increment to the applicant w.e.f. 01.07.2017 and
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revise and pay him the arrears of pension and pensionary
benefits within 90 (ninety) days from the date of receipt of a
copy of this order.
5. In the result, this OA stands allowed. Parties to bear their
own costs.”
2. Learned Senior Panel Counsel representing the petitioners
vehemently argues that the accrual of the increment is always by the
particular date and that would not enure to the benefit of an employee,
who lays his office down on attaining the superannuation next day. This
aspect having not been properly appreciated, the Tribunal has committed
gross error in framing the judgment impugned herein.
3. Having heard learned counsel for the Petitioners and having
perused the petition papers, we decline indulgence in the matter, inasmuch
as the impugned order of the Tribunal has been structured keeping in view
the Apex Court decision in The Director (Admn and HR) KPTCL & Ors.
v. C.P. Mundinamani & Ors., Civil Appeal No.2471 of 2023 decided on
11.04.2023. This apart, similar issue was decided by the Tribunal in OA
No.186 of 2022 between Ramesh Chandra Hota v. UOI & Others,
disposed off vide order dated 21.07.2023. It is not the case of Petitioners
that these judgments have been wrongly applied. Even otherwise, on
perusal of the impugned order, we find that the Tribunal has structured the
same consistently with the view of the Apex Court and of its predecessor
members in the subsequent case, namely, O.A No.186 of 2022.
4. It is relevant to state that this is a petition filed under Article 227 of
the Constitution of India, the ornamental employment of Article 226 being
insignificant. In this limited supervisory jurisdiction, the Petitioners have
to show not only order being wrong but it is being unsustainable even
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otherwise. That unsustainable elements are not demonstrated in this
petition.
In the above circumstances, petition being devoid of merits is
liable to be rejected in limine and accordingly it is. However, the
Petitioners are granted a period of eight (8) weeks for implementing
the impugned order of the Tribunal in its letter & sprit. This
concession is given on the submission of learned Senior Panel
Counsel appearing for the Petitioners that there is contempt
proceeding pending for the non-compliance of impugned order.
Registry to send a copy of this order to the Opposite Party by speed
post immediately.
(Krishna Shripad Dixit)
Judge
(Chittaranjan Dash)
Judge
Prasant
Signature Not Verified
Digitally Signed
Signed by: PRASANT KUMAR SAHOO
Reason: Authentication
Location: Orissa High Court
Date: 18-Feb-2026 17:47:46
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