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2019 Supreme(SC) 381

A.M.SAPRE, DINESH MAHESHWARI
STATE OF ORISSA – Appellant
Versus
CHANDRA NANDI – Respondent


Advocates Appeared:
For the Appellant :Mr. Som Raj Choudhury, Advocate, Mr. Prashant Kumar, Advocate, Mr. Baij Nath Patel, Advocate, Ms. Sweta, Advocate and Ms. Romila, Advocate,
For the Respondent:Ms. Parnika Medhekar, Advocate, Mr. S.Ravi Shankar, Advocate and Mrs. S. Yamunah Nachiar, Advocate

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  • Every judicial or quasi-judicial order that decides a dispute between parties must be supported by clear reasons explaining the conclusion reached. Orders lacking reasoning are not legally sustainable and can be set aside (!) (!) .

  • Parties involved in a dispute, as well as appellate or revisional courts, are entitled to understand the basis on which a particular conclusion was reached. This ensures transparency and fairness in judicial decision-making (!) .

  • Orders that do not contain discussion of issues, submissions, or reasons for decisions hinder understanding of the rationale behind the judgment. Such orders are considered incomplete and are subject to being set aside (!) .

  • In the context of service law and pensionary benefits, judicial or quasi-judicial orders must explicitly address the issues raised and provide reasoning for granting or denying reliefs. Orders that merely issue directions without explanation are not sustainable (!) .

  • When an order is found to be unreasoned, it can be challenged and set aside, with the case often remanded for fresh consideration with proper reasoning. This process upholds the principles of fair and transparent adjudication (!) .

  • The importance of timely and reasoned judgments is emphasized to ensure justice is administered properly and parties are aware of the grounds for decisions (!) .

  • Courts are encouraged to decide cases based on the merits after proper discussion and reasoning, especially when dealing with claims for benefits or reliefs, to maintain the integrity of the judicial process (!) .

Would you like a summary tailored to a specific aspect or further elaboration on any point?


JUDGMENT

Abhay Manohar Sapre, J.

This appeal is directed against the final judgment and order dated 24.01.2014 passed by the High Court of Orissa at Cuttack in Writ Petition (Civil) No. 19550 of 2011 whereby the High Court allowed the writ petition in part and directed the State to treat the respondent(employee) as a regular employee and grant him pensionary benefits which he had claimed in his OA.

2. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point.

3. By impugned order, the High Court while partly allowing the writ petition filed by the respondent(employee) herein modified the order dated 11.06.2009 passed by Orissa State Administrative Tribunal (for short "the Tribunal") in OA No. 1513(C) of 2004 and directed the State to grant the respondent(employee) all pensionary benefits which he had claimed in his OA. The State of Orissa has felt aggrieved and filed the present appeal by way of special leave in this Court.

4. So, the short question, which arises for consideration in this appeal, is whether the High Court was justified in allowing the respondent's writ petition in part and was, therefore, justified in issuing the direction now im











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