01. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
This contempt petition has been filed by the
petitioner Ramesh Chandra Sahu with the following
prayer:
"It is therefore, prayed that your Lordships be
graciously pleased to initiate a contempt proceeding
against the contemnor and appropriate action as
provided under the Contempt of Courts Act and as
provided under any other provision of law may be taken
against him for deliberate and intentional violation of
the order dtd.03.02.2021 passed in W.P.(C) No.
17048/2013".
Learned counsel for the petitioner placed the order
dated 03.02.2021 in which this Court while adjudicating
the challenge of the petitioner to the order dated
07.03.2009 passed by the learned State Administrative
Tribunal, Cuttack Bench, Cuttack in O.A. No.846 (C) of
2009 has been pleased to hold as follows:
"11. In the present case, the finding of the Tribunal that
the petitioner had approached the Tribunal after his
retirement, is nothing, but non-application of mind of the
Tribunal. The petitioner had approached the Tribunal on
number of occasions before his retirement, as indicated
in aforementioned paragraphs. Thus the finding of the
Tribunal in the impugned order, so far as petitioner is
concerned, is liable to be quashed and according the
same is quashed.
12. This writ petition is disposed of in terms of the
observations/ directions given in aforementioned cases.
Accordingly this Court directs that the petitioner should
be treated to have been regularized in service at least
one day prior to his superannuation, by creating
supernumerary post, if necessary and accordingly he
shall be extended with the pensionary benefits as would
be admissible to him. The entire exercise shall be
completed within a period of two months from the date
of receipt of the copy of this order".
Learned counsel for the petitioner further submitted
that the aforesaid order was challenged before the
Hon'ble Supreme Court by the State of Orissa in Special
Leave to Appeal (C) No.8876 of 2021 and after hearing
the parties vide order dated 16.07.2024, the following
order was passed:
"In the peculiar facts and circumstances of the case, we
are not inclined to interfere with the impugned
judgment. However, order passed by the High Court be
implemented within a period of three months else the
respondent shall be at liberty to take recourse before the
High Court.
The Special Leave Petition is, accordingly, dismissed.
Pending application (s), if any, shall stand disposed of".
It is the contention of the learned counsel for the
petitioner that in spite of the order of this Court so also
the Hon'ble Supreme Court, the petitioner has not
received the benefits as extended to him in the aforesaid
order.
It is the further contention of the learned counsel
for the petitioner that the contemnor/opp. party no.2 Mr.
Suresh Chandra Moharana, Chief Engineer (P)-cum-
C.E.I. (G), Orissa is the authority, who is to carry out the
order.
Learned counsel for the State submitted that
instruction has already been sought for from the
concerned authority yesterday (29.01.2025) and the
matter may be taken up a week after.
List this matter on 11.02.2025.
On that day, the contemnor/opp. party no.2 shall
appear virtually at 10.30 a.m.
A free copy of this order be handed over to the
learned counsel for the State.
( S.K. Sahoo)
Judge
(Savitri Ratho)
Judge
sipun
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 31-Jan-2025 14:07:04
