SHRI JUSTICE S.K. RAY versus STATE OF ORISSA AND ORS.

SHRI JUSTICE S.K. RAY versus STATE OF ORISSA AND ORS.

The appellant is entitled to compensation, not for loss of office, but for continuing burden of statutory disqualification from holding any office after cessation of Lokpal post, which persists even after repeal. Compensation shall be equivalent to loss of salary for the remainder tenure, but does not include allowances or perks.

Parties
Appellant: Justice S.K. Ray; Respondent: State of Orissa
Jurisdiction
India
Judgment Date
20 January 2003
Procedural Posture
Civil Appeal / Supreme Court Appellate Decision
Outcome
Appeal allowed, judgment of High Court partly modified
Legal Topics
Effect of Statutory Repeal, Compensation for Curtailed Tenure, Employment Disqualification, Writ Jurisdiction
Constitutional Law Administrative Law Effect of Statutory Repeal Compensation for Curtailed Tenure Employment Disqualification Writ Jurisdiction

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Parties

Justice S.K. Ray

Appellant

State of Orissa

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appellate Decision

Legal Issues

  1. 1 Whether the appellant is entitled to compensation for loss of salary for the remainder tenure curtailed by repeal of the Orissa Lokpal and Lokayukta Act, 1970
  2. 2 Effect of statutory disqualification incurred by holding office of Lokpal upon repeal
  3. 3 Power of High Court under Article 226 to grant moulded relief

Ratio Decidendi

The appellant is entitled to compensation, not for loss of office, but for continuing burden of statutory disqualification from holding any office after cessation of Lokpal post, which persists even after repeal. Compensation shall be equivalent to loss of salary for the remainder tenure, but does not include allowances or perks.

Court Disposition

Appeal allowed, judgment of High Court partly modified

Orders

  • Respondents directed to work out and pay difference in salary for remainder tenure that appellant would have held office of Lokpal upon ceasing to hold office, excluding any allowances or perks.
  • High Court judgment modified to this extent.