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Orissa High Court

Manas Ranjan Nayak & Another vs Govt. Of India & Others .... Opposite ... on 26 April, 2023

Author: A.K. Mohapatra

Bench: A.K. Mohapatra

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                  WPC No.3584 of 2023

                 Manas Ranjan Nayak & another          ....          Petitioners
                                                        Mr. S.K. Das, Advocate

                                            -versus-

                 Govt. of India & others               ....     Opposite Parties
                                                         Mr. P.K. Parhi, DSGI
                                              Along with Mr. B.K. Pardhi, CGC
                                                                  for O.P. No.1
                                                        Mr. D. Mohapatra, Adv
                                                            for O.P. Nos.2 & 3

                                           CORAM:

                             JUSTICE A.K. MOHAPATRA

                                           ORDER
Order No.                                 26.04.2023
    04.     1.      This matter is taken up through Hybrid Arrangement (Virtual
            /Physical Mode).

2. In course of his argument Mr. D. Mohapatra, learned counsel for the Opposite Parties produce the notification of the Ministry of Personnel Public Grievance and Pension, Govt. of India dated 31.03.2010. On perusal of the said notification it appears that the some of service matters pertaining to some of the organizations mentioned in the list appended notification have been transferred to the Central Administrative Tribunal under the provisions of the Administrative Tribunal Act.

3. On perusal of the list appended to the said notification reveals that at Serial No.193 Software Technology Parks of India (STPI) which are with a status scientific society under the Ministry of // 2 // Communication and Information Technology. Accordingly, it is submitted by Mr. Mohapatra that the present writ application at the instance of the Petitioner is not maintainable before this Court. The petitioner should have approached the Central Administrative Tribunal, Cuttack bench, Cuttack.

4. Considering such submission, this Court permits the Petitioner to withdraw the writ application with liberty to approach the Central Administrative Tribunal, Cuttack bench, Cuttack.

5. Since, the matter is being transferred to Central Administrative Tribunal in view of the notification of the Central Government, the interim order dated 09.02.2023 shall remain in force for a period of 15 days till the petitioner approaches the Central Administrative Tribunal.

( A.K. Mohapatra ) Judge Anil