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IN THE HIGH COURT OF ORISSA AT CUTTACK
BIRAJA PRASANNA SATAPATHY
Pradeepta Kumar Samantaray – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. identical issues led to common order. (Para 1 , 2) |
| 2. petitioners' benefits withdrawn without notice. (Para 3 , 4) |
| 3. government justified withdrawal of benefits. (Para 5 , 6) |
| 4. court quashes order due to violation of natural justice. (Para 7) |
Judgment :
Biraja Prasanna Satapathy, J.
1. Since the issue involved in both the Writ Petitions is identical, both the matters were heard analogously and disposed of by the present common order.
2. Heard learned counsel appearing for the parties.
3. Both the Writ Petitions have been filed inter alia challenging order dt.19.04.2025 so issued by the Government-Opp. Party No.1 under Annexures-9 & 12 respectively. Vide the said order, benefit extended in favour of the Petitioners way back in the year 2016 vide orders dt.04.02.2016 & 22.10.2016 in both the cases was withdrawn.
4. Learned counsel appearing for the Petitioners vehemently contended that basing on the order passed on 04.02.2016 and 22.10.2016, both the Petitioners were included under the Government Pension Scheme. It is also contended that during subsistence of the said orders, both the Petitioners retired from service on attaining the age of superannuation. Not only that,
The withdrawal of pension benefits without notice violates the principles of natural justice, particularly the right to be heard in administrative actions that have civil consequences.
Administrative decisions involving civil consequences must adhere to natural justice principles, including the right to be heard before punitive actions.
Administrative actions involving civil consequences must adhere to the principles of natural justice, ensuring affected parties have an opportunity to be heard before adverse decisions are made.
Decisions affecting public servants' benefits must adhere to principles of natural justice to prevent arbitrary actions and ensure fairness.
Natural justice principles require that cancellation of regularization without due process is impermissible, ensuring fair treatment for contractual employees seeking regular status after prolonged s....
The main legal point established is that the principle of natural justice must be observed even if there is no specific reference in the rule, especially if the consequence of the decision is going t....
Withdrawal of financial benefits under MACP having civil consequences without prior show cause notice violates natural justice principles, requiring pre-decisional hearing.
Disengagement of an individual without due process violates the right to fair hearing under natural justice principles, necessitating quash of the order.
Natural justice principles require a fair hearing before any order with civil consequences is made, as established in several Supreme Court decisions.
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