Orissa High Court
CONTC/79/2021 on 6 January, 2021
CONTC No.79 of 2021
2. 6.01.2021 This matter is taken up through Video Conferencing.
Heard learned counsel for petitioners.
This Contempt Petition involves non-compliance of the
order of this Court dated 10.09.2020 passed in W.P.(C)
No.22321 of 2020. As it appears from the order of rejection
vide Annexure-3 that the contemnor is sitting over the matter
as an appellate authority. From the order vide Annexure-2
this Court finds, while disposing of this Writ Petition bearing
No.22321 of 2020 this Court has directed as follows :
"The petitioners have filed this application
seeking for a direction to the opposite party to
regularize their services taking into account
their continuous service of more than 15
years, as has been done in favour of the other
similarly situated persons as per Government
Circular and in terms of the principle decided
in Secretary State of Karnataka and Others
v. Umadevi (3) and Others (2006) 4 SCC 1
and in State of Karnataka & others Vrs.
M.L. Kesari & others involving SLP(C)
No.15774/2006.
Learned counsel for the petitioners
submits that the petitioners were engaged on
DLR basis. They have already rendered more
than 15 years of service under the opposite
party and therefore, seeks for regularization of
services in view of the judgment passed by the
Hon'ble apex Court in Secretary State of
Karnataka and others v. Umadevi (3) and
others (2006) 4 SCC 1 and in State of
Ayas
Karnataka & others Vrs. M.L. Kesari &
others involving SLP(C) No.15774/2006.
Considering the contentions raised by the
learned counsel for the petitioners and after
going through the records, it appears that the
petitioners have rendered service for more
than 15 years on DLR basis. Therefore, the
case of the petitioners is squarely covered by
the ratio decided in the cases cited supra.
In that view of the matter, this Court
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disposes of this Writ Petition directing the
opposite party to consider the case of the
petitioners and regularize their services
keeping in view the judgment in the case of
Secretary State of Karnataka and others v.
Umadevi (3) and others (2006) 4 SCC 1 and
in State of Karnataka & others Vrs. M.L.
Kesari & others involving SLP(C)
No.15774/2006 and also the resolution of the
G.A. Department dated 17.09.2013, within a
period of four months from the date of
communication of a copy of this order by the
petitioners and grant consequential service
benefits as due admissible to them.
It is further directed that in the event the
petitioners are still continuing in their
services, status quo as on today in respect of
the services of the petitioners shall be
maintained till a decision is taken in the
matter by the opposite party in terms of the
above direction."
On reading of the above order this Court finds, there
was a positive direction to regularize the services of the
petitioner and therefore, there was only option available with
the authority either to accept or challenge the order
in any higher forum. It appears, while passing the order vide
Annexure-3 the contemnor has rejected the claim of petitioner
in spite of a positive direction by this Court vide Annexure-2,
which appears to be contrary to the direction of this Court
and the contemnor is in contempt. Therefore, while
postponing this matter to 18.01.2021, this Court directs the
contemnor to file an affidavit of compliance of order of this
Court vide Annexure-2 upon recalling the order vide
Annexure-3 by the next date, failure of which the contemnor
has to appear in person to show cause and to contest in the
matter of punishment on the next date of posting.
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As restrictions are continuing due to COVID-19,
petitioner(s) may utilize the soft copy of this order available in
the High Court's website or print out thereof at par with
certified copies in the manner prescribed, vide Court's Notice
No.4587, dated 25.03.2020.
...............................
(Biswanath Rath, J.)
