Citation : 2025 Latest Caselaw 11669 Ori
Judgement Date : 24 December, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC No.5879 of 2025
Pranab Kishore Pattnaik
and others .... Petitioners
Mr. Budhadev Routray,
Senior Advocate being assisted
by Mr. S. Routray, Advocate
-versus-
Sanjeev Kumar Mishra,
IAS, Principal Secretary,
Finance Department,
.... Contemnors/
Bhubaneswar and others
Opp. Parties
Mr. Aurovinda Mohanty,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 24.12.2025
01. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This contempt petition has been filed by the petitioners, Pranab Kishore Pattnaik and others for non-compliance of the order dated 06.12.2022 passed by this Court in W.P.(C) No.20581 of 2017 as well as order dated 03.11.2023 passed in CONTC No.7943 of
2023.
Designation: Personal Assistant Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK It appears that the petitioners approached this Date: 24-Dec-2025 21:00:24
Court in W.P.(C) No.20581 of 2017 and the same was disposed of vide order dated 06.12.2022 and in the
operative portion of the order, it has been held as follows:
"xxx xxx xxx
Learned counsel for the petitioners
submitted that similar matters were filed before this Court in W.P.(C) No.20401 of 2017 and W.P.(C) No.20246 of 2017 and both the matters were analogously heard and disposed of by a common judgment dated 29.09.2022 and this case is squarely covered by the ratio laid down in the said judgment.
A copy of the judgment was handed over to the learned Additional Government Advocate for the State and on perusal of the same, he does not dispute such aspect. The learned counsel for the opp. party no.2 also concurs with the submission of the learned counsel for the petitioners.
Taking into account the observation made by this Court in paragraphs-14, 15 and 16 of the judgment, it is ordered that the matter needs to be revisited by the Finance Department keeping in view the peculiar facts and circumstances as narrated in the writ petition. The writ petition is therefore, disposed of with a direction to the Secretary, Finance Department (opp. party no.5) to consider the proposal of the Administrative Department afresh in terms of the observations made in the judgment passed in the connected writ petitions disposed of an 29.09.2022. Such exercise shall be completed within a period of two
months from the date of communication of this order or on production of certified copy thereof by the petitioners".
Learned counsel for the petitioners submitted pursuant to the order dated 06.12.2022, the petitioners submitted the copy of the order to the contemnor/opp. party for implementation of the same and on 17.12.2022, the order was also communicated by the Registry of this Court, however, the order was not implemented, for which, the petitioners filed a contempt petition i.e. CONTC No.7943 of 2023 and the same was disposed of vide order dated 19.10.2023 and in the operative portion, it has been held as follows:
"Considering the facts and circumstances of the case and upon hearing learned counsel for the parties, this Contempt Petition is disposed of by granting one month further time to the opp. party-contemnor to comply the order passed on 06.12.2022. However, if the order is not complied with within the extended time, it will be held as deliberate violation of this Court's order".
Learned counsel further submitted that in spite of the time stipulated by this Court not only while disposing of the writ petition but also the contempt petition, the order has not been complied with.
Mr. Routray, learned Senior Advocate submitted that the order dated 06.12.2022 passed in W.P.(C)
No.20581 of 2017 clearly indicated that similar matters were before this Court in W.P.(C) No.20401 of 2017 and W.P.(C) No.20426 of 2017 and the matters were analogously heard and disposed of by a common judgment dated 29.09.2022 and even though, the copy of the judgment was handed over to the learned Additional Govt. Advocate for the State at that point of time, he did not dispute such aspect so also the learned counsel for opp. party no.2 also concurred with the submission of the learned counsel for the petitioners. He further submits that in the said two writ petitions, since orders were not complied with, the CONTC No.126 of 2024 and CONTC No.127 of 2024 were filed and both were listed last time on 04.12.2025, wherein the contemnor appeared and he assured this Court that in view of the clarification issued by the NESTS that they would bear the financial cost including salary payments and also clarified that it has no objection to the steps to be taken by OMTES for the regularization of the petitioners, the process of regularization shall be worked out and some time was sought for and accordingly, this Court granted four weeks' time to the State to fully implement the order of this Court and directed the matters to be listed on 15.01.2026.
Learned counsel for the State seeks some time to obtain instruction regarding the implementation of the order particularly in view of the order dated
04.12.2025 passed in CONTC No.126 of 2024 and CONTC No.127 of 2024.
List this matter on 16.01.2026.
Learned counsel for the State so also learned counsel for the petitioners shall apprise this Court about the developments made in the meantime.
( S.K. Sahoo) Judge 24th December 2025 Sipun
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