Orissa High Court
Pramod Kumar Pradhan vs State Of Odisha & Ors on 6 August, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC (CP) No.221 of 2018
Pramod Kumar Pradhan .... Petitioner
Mr. R.K. Bisoi,
Advocate
-versus-
State of Odisha & Ors. .... Opposite Parties
Mr. N. Praharaj,
Standing Counsel
CORAM:
JUSTICE BISWANATH RATH
ORDER
6.08.2021
Order No.
02. 1. This contempt petition arises out of non-compliance of the order
of the Tribunal passed in O.A. No.830 of 2016.
2. The Tribunal in disposal of the O.A. No.830 of 2016 has directed
as follows:
"It may be noted that the applicants earlier
approached this Tribunal claiming similar benefits in
O.A. No.1191/2015 and the Tribunal vide order
dtd.18.11.2015 directed to consider the case of the
applicant for conferment of temporary status as per the
resolution dtd.04.09.2012. In the said O.A., the issue
with regard to engagement of 240 days has been
adjudicated and the respondent No.2 is not competent to
take a different view, which is contrary to the order
passed and say that the applicant is not eligible. Such
action of the respondent No.2 amounts to sitting over the
// 2 //
judgment of the Tribunal and also amounts to Contempt.
In the earlier O.A. it has already been held that the
applicant has completed ten years and fulfils the
eligibility criteria as per the resolution and therefore
entitled to the benefits of the said resolution. There is
therefore, no scope to take a different view and the order
passed by the Respondent No.2 is accordingly not
maintainable and is quashed.
Respondent No.2 is directed to take appropriate
action for conferment of temporary status as per the
resolution dtd.04.09.2012 as has been adjudicated in
O.A. No.1191/2015 and such action be taken within a
period of three months from the date of receipt of a copy
of this order.
With these orders, the O.As are disposed of."
3. Undisputedly, this order has not been challenged any further. On
participation in the proceeding dated 19.06.2019, the previous
incumbent holding the post of the Director of Horticulture, Odisha,
Bhubaneswar prayed the Court for two months time for filing full
compliance report. The matter was, thereafter, directed to be listed in
the month of August, 2019, but on closure of the Tribunal the
contempt proceeding is transferred to this Court for disposal and
here this Court takes up the same for disposal.
4. Today on his appearance learned counsel for the Opposite Parties
submitted that he has no instruction as to filing of the compliance
report, if any. In the meantime, two years have already passed and it
is unfortunate to see that there is no filing of compliance report as of
now and as such the Department as well as the Authorities
concerned are continuing in contempt.
// 3 //
5. Considering the submissions made by the parties and keeping in
view the undertaking of the contemnor at the relevant point of time
for filing full compliance report before the Tribunal within a period
of two months from 19.06.2019 and in the meantime two years have
passed, this Court finds, no purpose will be served in keeping this
matter pending, except by providing the Department-the Contemnors
last opportunity. Thus on disposal of the contempt petition this Court
directs the present incumbent holding the post of Secretary to Govt.
Agriculture & F.E. Deptt., Odisha, Bhubaneswar-Opposite Party
No.1 and the Director of Horticulture, Odisha, Bhubaneswar-
Opposite Party No.2 to file compliance report involving the order of
the Tribunal before the Registry of this Court within a period of two
weeks hence also with communication of a copy thereof to the
Petitioner.
6. With the aforesaid direction the Contempt Petition stands
disposed of.
(Biswanath Rath)
Judge
Ayaskanta Jena
