‘Stay’ hurdle for en bloc transfer of Odisha Administration Tribunal cases.

Source – newindianexpress.com

CUTTACK:  The Orissa High Court may have started the process for transfer of cases pending in the Odisha Administration Tribunal (OAT). But ‘en bloc transfer’ of cases from OAT cannot be done right now as a stay order poses a roadblock.

This is evident from an ‘Office Order’ the High Court has issued subsequent to a ‘Standing Order’ that had started the process of transfer of the cases.

On December 3, the HC Registrar (Judicial) by order of Chief Justice had issued an order which said, “It is informed to all concerned that the registration of pending OA cases, contempt petitions, review petitions etc and hearing of such cases which will be received on transfer from the OAT to the High Court after careful consideration have been pleased to observe that the said cases shall be registered and be heard by a Single Judge.”

However, on December 6, the Registrar (Judicial) by order of Chief Justice issued an Office Order which said the Standing Order ‘does not relate to en bloc transfer of cases from OAT which has been stayed by High Court in WP(C) No.13789/2019.

Said Standing Order relates to the cases received on transfer from OAT under writ petitions filed specifically to that effect’.

According to official records, the stay order was issued by the High Court on August 7, 2019 after the OAT Bar Association, Cuttack filed a petition challenging the Central Government’s order that had abolished the tribunal.

The Centre had abolished OAT by way of a gazette notification on August 2, 2019 after receiving the State Government’s request for it along with the Orissa High Court concurrence. On September 9, 2015 the State Cabinet approved the decision to abolish OAT after it was felt that the very objective of the institution to give quick justice to employees could not be achieved.

The division bench of Chief Justice KS Jhaveri and Justice KR Mohapatra had issued the stay order while issuing notice to the Central Government. The court has fixed December 16 for next hearing on the matter.

At present, around 74,000 cases are pending in OAT’s principal bench in Bhubaneswar, regular bench in Cuttack and circuit benches in Sambalpur and Berhampur.

The move
● State Cabinet had approved the decision to abolish OAT on September 9, 2015
● Centre abolished OAT by way of a gazette notification on August 2, 2019 
● Centre’s move comes after State Govt sent a request along with Orissa HC concurrence 
● At present, around 74,000 cases are pending in OAT’s principal bench in Bhubaneswar, regular bench in Cuttack and circuit benches in Sambalpur and Berhampur