Odisha

SC Sets Aside Orissa HC’s Order Extending Retirement Age Of CCRAS Research Assistant

By
OB Bureau

New Delhi: The Supreme Court has set aside an Orissa High Court order for extending superannuation age to 65 years of Central Council for Research in Ayurvedic Sciences (CCRAS) research assistant equivalent to AYUSH doctors, saying it is “not sustainable in law”.

On December 17, 2020, the division bench of Justice Sanju Panda (then judge) and Justice S K Panigrahi, while hearing a petition filed by Dr Bikartan Das challenging the Central Administrative Tribunal’s (CAT) order against extension of his superannuation age to 65 years, found that though the respondent was functioning as researcher under the Research Council/ National Institute, but as a requirement for upgrading the research skill, also treated patients in the out-patient and in-patient departments, like AYUSH doctors on regular basis. “Therefore, Clause-34 and 35 of the bye-laws was held to be applicable to the respondent herein, and to be treated as AYUSH doctor, even though he has been appointed as a Researcher.”

The division bench of Chief Justice of India D Y Chandrachud and Justice J B Pardiwala on August 16, however, observed that “high court misdirected itself saying that the benefit of enhanced age of superannuation can also be granted if the duties performed are the same like Ayush doctors.”

“We fail to understand how can the court fix the age of superannuation of an employee saying that he is very much devoted towards his job. The age of superannuation is always governed by statutory rules & other service conditions.”

While stating that the “the entire approach was incorrect”, the SC expressed disappointment over the casual manner in which the present litigation was dealt with by the HC and objected to the interim relief extending the period of service beyond 60 years, till the disposal of petition by the CAT, granted by it. “By virtue of such interim order which the high court ordinarily should not grant, Dr Das although was to retire in 2018, yet continued in service till 2021. It is only when this court stayed the operation of the impugned order passed by the high court while issuing notice, that his service came to an end.”

“The court or the tribunal should, therefore, be slow and circumspect in granting interim relief for continuation in service, unless prima facie evidence of unimpeachable character is produced because if the public servant succeeds, he can always be compensated. But if he fails, he would have enjoyed undeserved benefit of extended service and merely caused injustice to his immediate junior,” the SC bench cautioned.

 

OB Bureau

Recent Posts

IPL Auction: KKR Break Bank For Venkatesh On Lucrative Day For Indian Players; Check Top Buys

Mumbai: The first day of the IPL mega player auction at Jeddah threw up several…

November 24, 2024

Odisha Govt Hands Over Case Of Attack On Dharmasala MLA To Crime Branch

Bhubaneswar: The Odisha government has handed over the investigation into the attack on Dhramasala MLA…

November 24, 2024

Commissionerate Police Issues Traffic Advisory During Winter Session Of Odisha Assembly; Details Here

Bhubaneswar: The Commissionerate of Police on Sunday issued an advisory for movement of vehicular traffic…

November 24, 2024

Elon Musk Proposal: Fire US Federal Employees Who Want To Work From Home

New York: Now that President-elect Donald Trump has tasked Elon Musk with the responsibility of co-heading…

November 24, 2024

Odisha Govt Warns Of Stern Action For Renting Out Its Quarters

Bhubaneswar: The Odisha government has warned its employees of stern action for sub-letting their allotted…

November 24, 2024

AR Rahman Best Man In The World, Certifies Saira Banu; Then Why Their Separation?

Mumbai: There has been a lot of talk over AR Rahman and his wife Saira…

November 24, 2024

Process On To Form NODC In 2-3 Months, Says Odisha CM Mohan Majhi

Sundargarh: The North Odisha Development Council (NODC) would be formed in 2-3 months, said Chief…

November 24, 2024

Odisha DGP Reviews Security Arrangements For President’s Visit To Puri

Puri: Director General of Police (DGP) YB Khurania on Sunday reviewed the security arrangements for…

November 24, 2024