Neelamadhab Brahma vs Anu Garg
2025 Latest Caselaw 8173 Ori

Orissa High Court

Neelamadhab Brahma vs Anu Garg on 12 September, 2025

Author: Aditya Kumar Mohapatra

Bench: Aditya Kumar Mohapatra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CONTC No.4186 of 2025
            Neelamadhab Brahma             .....     Petitioner
                                                           Represented By Adv. -
                                                           M/s Prafulla Kumar
                                                           Mohapatra

                                          -versus-
            Anu Garg, IAS                       .....               Contemnor
                                                         Represented By Adv. -
                                                         Sasmita Nayak, A.S.C.

                                CORAM:
                  THE HON'BLE MR. JUSTICE ADITYA KUMAR
                              MOHAPATRA

                                          ORDER

12.09.2025 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. Heard learned counsel for the Petitioner.

3. Alleging the violation of this Court's order dated 30.04.2025 passed in W.P.(C) No.11727 of 2025 the petitioner has approached this Court by filing the present CONTC Petition.

4. On perusal of the judgment dated 30.04.2025 it appears that this Court while disposing of the writ application directed the Opposite parties to grant the benefit which is due and admissible to the Petitioner on the basis of his last pay drawn benefit to the Petitioner. Further it appears that a batch of matter involving identical issues were pending before the Hon'ble Supreme Court, the same has been disposed of on 24.07.2025 i.e. in State of Odisha vs. G.Balkrishna. The Hon'ble Supreme Court has

dismissed the SLP filed by the State. As such the order dated 05.10.2023 has attained finality. Since the issue involved in the present writ application is identical with the one that was involved in G.Balkrishna's case (supra), this Court is of the considered view that the issue has attained finality with the disposal of the abovenoted SLP by the Hon'ble Supreme Court.

5. It is stated by learned counsel for the Petitioner that in the meantime some writ appeals have been withdrawn by the State- Opposite Parties. In such context, a copy of the order dated 20.11.2024 passed in W.A.No.662 of 2023 was produced before the Court.

6. In view of the aforesaid position, the present contempt application is being disposed of by directing the State-Opposite Parties to implement the order passed by this Court, keeping in view the decision of the Hon'ble Supreme Court in State of Odisha vs. G.balakrishan disposed of on 24.07.2025 within a period of eight weeks from the date of communication of a copy of today's order, failing which the contemnor shall be liable to be proceeded against under the Contempt of Court's Act.

7. The CONTC is, accordingly, disposed of.

( A.K. Mohapatra ) Judge Anil

Designation: Junior Stenographer

Location: High Court of Orissa Date: 12-Sep-2025 19:26:28