Dalapati Mandal vs Anu Garg
2023 Latest Caselaw 2209 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CONTC No.7419 of 2021

                 Dalapati Mandal                     ....           Petitioner

                                    Mr. P.K. Mohapatra,
                                    Advocate

                                         -versus-
                 Anu Garg, IAS                       ....        Opp. Party/
                                                               Contemnor

                                    Mr. S.N. Pattnaik,
                                    Additional Government Advocate

                  CORAM: JUSTICE SANJAY KUMAR MISHRA
                                     ORDER

Order No. 17.03.2023

07. 1. This matter is taken up through hybrid mode.

2. Mr. P.K. Mohapatra, learned Counsel for the Petitioner, so also Mr. S.N. Pattnaik, learned Additional Government Advocate are present.

3. Mr. Pattnaik submits that the Order dated 21.01.2019 passed by the Tribunal in O.A. No.249 of 2019 has already been complied with vide Office Order dated 25.02.2020 issued by the Engineer-in-Chief, Water Resources Department, Govt. of Odisha. To substantiate his submission, he draws attention of this Court towards the said Order appended to the compliance Affidavit dated 03.02.2023 as Annexure-C/2.

4. Learned Counsel for the Petitioner submits that the said Order dated 25.02.2020 is not in terms of the direction given by the Tribunal in its order dated 21.01.2019, vide which direction was given to the Respondents authorities to modify the Grade Pay to Rs.6600/- instead of Rs.5400/- and also make pay fixation as per rules with effect from 01.01.2013. He further submits that recently this Court vide Judgment dated 01.03.2013 in the case of Sunil Kumar Mohapatra Vs. State of Odisha and others passed in W.P.(C) No.16209 of 2020 set aside an identical Order, vide which though the grade pay of the said Writ Petitioner was enhanced with effect from 01.01.2013, the same was reduced to Grade Pay of Rs.5400/- in PB-2, Scale of Pay Rs.9300-34800/- with effect from 03.01.2013. He further submits that the said Order dated 25.02.2020 was never communicated to the present Petitioner and it came to his client's notice only after a copy of the compliance Affidavit was served on him in the month of February, 2022. Since the scope of the Contempt Proceeding is limited, in view of the compliance Affidavit filed by the Opposite Party/Contemnor No.2, the Contempt Proceeding stands dropped and disposed of.

5. Needless to mention here that if the Petitioner feels aggrieved by the said communication dated 25.02.2020, he may approach the appropriate forum for redressal of his grievances.

(S. K. MISHRA) JUDGE

Prasant