Sanjay Kumar Mohanty vs Prasanta Kumar Mohapatra &
2023 Latest Caselaw 3785 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CONTC No.1541 of 2023

Sanjay Kumar Mohanty                  .....                                 Petitioner
                                                                               None
                                      Vs.
Prasanta Kumar Mohapatra &            .....                         Opposite Party
Another

             CORAM:
                DR. JUSTICE B.R. SARANGI
                MR. JUSTICE M.S.RAMAN

                                             ORDER

19.04.2023 Order No. This matter is taken up through hybrid mode.

01.

2. None appears for the Petitioner at the time of call.

3. Peruse the record. It appears that the Petitioner has filed this contempt petition alleging non-compliance of the order dated 27th July, 2022 passed by this Court in W.P.(C) No.18433 of 2016 by which this Court directed the Opposite party-Authorities to reconsider the case of the Petitioner in terms of the rules applicable to the Petitioner at the time of death of the deceased employee in terms of the judgments of the apex Court in State of Madhya Pradesh v. Ashish Awasthi, 2021 (II) OLR (SC) 1072 and Malaya Nanda Sethy v. State of Orissa, 2022 (II) OLR (SC) 1, so as to give compassionate appointment to the Petitioner and pass appropriate order as expeditiously as possible, preferably within a period of four months from the date of production of certified copy of the order.

4. In compliance thereof, the Opposite Party-Authority passed the order dated 8th February, 2023 under Annexure-2 denying the benefit to the Petitioner.

5. In view of the above, if the Petitioner is aggrieved by the

aforesaid order, it is open to him to challenge the same by filing separate writ petition.

6. Accordingly, the contempt proceeding is hereby dropped.

(DR. B.R. SARANGI) JUDGE

(M.S. RAMAN) JUDGE Laxmikant