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Saraswati Das vs Anu Garg
2026 Latest Caselaw 3845 Ori

Citation : 2026 Latest Caselaw 3845 Ori
Judgement Date : 24 April, 2026

[Cites 2, Cited by 0]

Orissa High Court

Saraswati Das vs Anu Garg on 24 April, 2026

Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
        IN THE HIGH COURT OF ORISSA AT CUTTACK

                         CONTC No.389 of 2026

Saraswati Das                                .....                  Petitioner
                                                      Represented By Adv. -
                                                      Mr. Prafulla Kumar
                                                      Mohapatra

                                  -versus-
Anu Garg, IAS,                                .....          Opposite Parties/
Additional Chief Secretary to Govt.                             Contemnors
of Odisha, Water Resources                            Represented By Adv. -
Department, Rajiv Bhawan,                             Mr. D.K. Sahoo, AGA
Bhubaneswar and others.
                                                      Mr. S.K. Patra, Standing
                                                      Counsel for the A.G.
                                                      (A&E), Odisha


                         CONTC No.2162 of 2023

Maheswar Patra                                .....                 Petitioner
                                                       Represented By Adv. -
                                                       Mr. Prafulla Kumar
                                                       Mohapatra

                                  -versus-
Vir Vikram Yadav, IAS,                        .....          Opposite Parties/
Secretary to Govt. of Odisha,                                   Contemnors
Works Department, Bhubaneswar                         Represented By Adv. -
and others.                                           Mr. D.K. Sahoo, AGA

                                                      Mr. S.K. Patra, Standing
                                                      Counsel for the A.G.
                                                      (A&E), Odisha


                         CONTC No.518 of 2026

Bhagaban Upadhyaya                           .....                 Petitioner
                                                      Represented By Adv. -
                                                      Mr. Prafulla Kumar
                                                      Mohapatra

                                  -versus-
                                                               Page 1 of 9.
 Usha Padhy, IAS,                               .....          Opposite Parties/
Principal Secretary to Govt. of                                    Contemnors
Odisha, Housing and Urban                                Represented By Adv. -
Development Department, Lok Seva
                                                         Mr. D.K. Sahoo, AGA
Bhawan, Bhubaneswar and others.
                                                         Mr. S.K. Patra, Standing
                                                         Counsel for the A.G.
                                                         (A&E), Odisha


                          CONTC No.624 of 2026

Barada Prasad Rath                       .....                       Petitioner
                                                        Represented By Adv. -
                                                        Mr. Prafulla Kumar
                                                        Mohapatra

                                  -versus-
Subha Sarma, IAS,                               .....            Opposite Party/
Principal Secretary to Govt. of                                     Contemnor
Odisha, Water Resources                                  Represented By Adv. -
Department, Rajiv Bhawan,                                Mr. D.K. Sahoo, AGA
Bhubaneswar.

                          CONTC No.705 of 2026

Bhikari Charan Mohanty                       .....                   Petitioner
                                                        Represented By Adv. -
                                                        Mr. Prafulla Kumar
                                                        Mohapatra

                                  -versus-
Yamini Sarangi, IAS,                           .....           Opposite Parties/
Principal Secretary to Govt. of                                   Contemnors
Odisha, Rural Development                                Represented By Adv. -
Department, Lokseva Bhawan,                              Mr. D.K. Sahoo, AGA
Bhubaneswar and others

                          CONTC No.793 of 2026

Dambarudhar Sahu                                .....                  Petitioner
                                                          Represented By Adv. -
                                                          Mr. Laxmikanta Mohanty

                                                                  Page 2 of 9.
                                  -versus-
Sobha Sharma, IAS,                           .....           Opposite Parties/
Secretary to Govt.,                                             Contemnors
Department of Water Resources,                        Represented By Adv. -
Lokaseva Bhawan, Bhubaneswar                          Mr. D.K. Sahoo, AGA
and another

                       CONTC No.1330 of 2026

Alekha Chandra Patra                         .....                   Petitioner
                                                       Represented By Adv. -

                                                       Mr. Prafulla Kumar
                                                       Mohapatra

                                 -versus-
Girish S.N., IAS,                             .....          Opposite Parties/
Commissioner-cum-Secretary to                                   Contemnors
Govt. of Odisha, Panchayati Raj &                     Represented By Adv. -
Drinking Water Department, Lokseva                    Mr. D.K. Sahoo, AGA
Bhawan, Bhubaneswar and others.


                       CONTC No.5969 of 2025

Dibakar Tripathy                            .....                    Petitioner
                                                      Represented By Adv. -

                                                      Mr. Laxmikant Mohanty

                                 -versus-
Anu Garg, IAS,                                .....          Opposite Parties/
Secretary to Govt, Department of                                Contemnors
Water Resources, Odisha and others.                   Represented By Adv. -

                                                      Mr. D.K. Sahoo, AGA



                       CONTC No.4507 of 2025

Dasarathi Dehury                            .....                  Petitioner
                                                      Represented By Adv. -
                                                      Mr. Basudev Barik

                                                                Page 3 of 9.
                                 -versus-
Anu Garg, IAS,                              .....          Opposite Parties/
Addl. Chief Secretary to Govt,                                Contemnors
Water Resources Department, Rajeeb                  Represented By Adv. -
Bhawan, Odisha and others.                          Mr. D.K. Sahoo, AGA



                        CONTC No.4995 of 2025

Narendra Kumar Garanayak                   .....                 Petitioner
                                                    Represented By Adv. -
                                                    Mr. Basudev Barik

                                -versus-
Anu Garg, IAS,                              .....          Opposite Parties/
Additional Chief Secretary to Govt.,                          Contemnors
Water Resources Department, Rajeeb                  Represented By Adv. -
Bhawan, Odisha and others.                          Mr. D.K. Sahoo, AGA



                        CONTC No.5804 of 2025

Suresh Chandra Sahoo                       .....                  Petitioner
                                                    Represented By Adv. -

                                                    Mr. Laxmikant Mohanty

                                -versus-
Anu Garg, IAS,                              .....          Opposite Parties/
Secretary to Govt, Water Resources                            Contemnors
Department, Lok Seva Bhawan,                        Represented By Adv. -
Odisha and others.                                  Mr. D.K. Sahoo, AGA




                        CONTC No.5807 of 2025

Udhaba Chandra Sahoo                       .....                  Petitioner
                                                    Represented By Adv. -

                                                    Mr. Laxmikant Mohanty


                                                             Page 4 of 9.
                                   -versus-
Anu Garg, IAS,                                 .....          Opposite Parties/
Secretary to Govt, Water Resources                               Contemnors
Department, Lok Seva Bhawan,                           Represented By Adv. -
Odisha and others.                                     Mr. D.K. Sahoo, AGA


                         CONTC No.5810 of 2025

Manjula Nayak                                .....                     Petitioner
                                                       Represented By Adv. -

                                                       Mr. Laxmikant Mohanty

                                  -versus-
Anu Garg, IAS,                                 .....          Opposite Parties/
Secretary to Govt, Water Resources                               Contemnors
Department, Odisha and others.                         Represented By Adv. -

                                                       Mr. D.K. Sahoo, AGA


                         CONTC No.5812 of 2025

Ganeswar Biswal                              .....                  Petitioner
                                                       Represented By Adv. -
                                                       Mr. Laxmikant Mohanty

                                  -versus-
Anu Garg, IAS,                                 .....          Opposite Parties/
Secretary to Govt, Water Resources                               Contemnors
Department, Loka Seva, Odisha and                      Represented By Adv. -
others.                                                Mr. D.K. Sahoo, AGA


                         CONTC No.5933 of 2025
Gourahari Sahu                         .....                           Petitioner
                                                        Represented By Adv. -

                                                        Mr. Chittaranjan Pattnaik

                                  -versus-
Anu Garg, IAS,                                 .....            Opposite Party/
Additional Chief Secretary to Govt,                                Contemnor
Department of Water Resources,                         Represented By Adv. -
Odisha.                                                Mr. D.K. Sahoo, AGA
                                                                 Page 5 of 9.
                          CONTC No.5970 of 2025

Gagan Bihari Pradhan                         .....                  Petitioner
                                                      Represented By Adv. -

                                                      Mr. Laxmikant Mohanty

                                  -versus-
Anu Garg, IAS,                                .....         Opposite Parties/
Secretary to Govt, Water Resources                             Contemnors
Department, Loka Seva Bhawan,                         Represented By Adv. -
Bhubaneswar and others.                               Mr. D.K. Sahoo, AGA


                         CONTC No.5971 of 2025

Purna Chandra Samal                          .....                  Petitioner
                                                      Represented By Adv. -

                                                      Mr. Laxmikant Mohanty

                                  -versus-
Anu Garg, IAS,                                .....         Opposite Parties/
Secretary to Govt, Water Resources                             Contemnors
Department, Odisha and others.                        Represented By Adv. -

                                                      Mr. D.K. Sahoo, AGA


                         CONTC No.198 of 2026

Sudhakar Behera                              .....                  Petitioner
                                                      Represented By Adv. -

                                                      Mr. Basudev Barik

                                  -versus-
Anu Garg, IAS,                                .....         Opposite Parties/
Additional Chief Secretary to Govt.,                           Contemnors
Water Resources Department,                           Represented By Adv. -
Bhubaneswar and others.                               Mr. D.K. Sahoo, AGA




                                                               Page 6 of 9.
                                       CONTC No.199 of 2026

            Bhramarbar Samal                               .....                 Petitioner
                                                                    Represented By Adv. -

                                                                    Mr. Basudev Barik

                                                -versus-
            Anu Garg, IAS,                                 .....         Opposite Parties/
            Chief Secretary to Govt, Water                                  Contemnors
            Resources Department, Rajeeb                           Represented By Adv. -
            Bhawan, Odisha and others.                             Mr. D.K. Sahoo, AGA


                                    CONTC No.2103 of 2026

            Laxmidhar Behera                               .....                 Petitioner
                                                                   Represented By Adv. -

                                                                   Mr. Prafulla Kumar
                                                                   Mohapatra

                                                -versus-
            Subha Sarma, IAS,                              .....         Opposite Parties/
            Addl. Chief Secretary to Govt. of                               Contemnors
            Odisha, Water Resources                                Represented By Adv. -
            Department, Rajiv Bhawan,                              Mr. U.C. Jena, ASC
            Bhubaneswar and others.                                Mr. S.K. Patra, Standing
                                                                   Counsel for the A.G.
                                                                   (A&E), Odisha



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

                                              ORDER

24.04.2026 Order No.

05. 1. These matters are taken up through Hybrid Arrangement (Virtual /Physical Mode).

2. It is stated by the learned counsel for the Petitioners that

the order passed by a learned Single Judge Bench, which was confirmed in writ appeal, has eventually been upheld by the Hon'ble Supreme Court in the case of The State of Odisha & Ors. v. G. Balakrishna. Therefore, the order passed by the learned Single Judge Bench has attained finality. He further contended that despite order passed by the learned Single Judge Bench has been confirmed the Hon'ble Supreme Court, the same has not been implemented as of now. Being aggrieved by such wilful and deliberate violation of this Court's order by the Opposite Parties-Contemnors, the Petitioner has approached this Court by filing the contempt applications.

3. Learned counsel appearing for the Opposite Parties- Contemnors, on the other hand, contended that since the number of persons, who are to be extended the benefits, is large in number, the Opposite Parties-Contemnors are taking steps, in the meantime, following the disposal of the SLP by the Hon'ble Supreme Court. He further submitted that some more time be granted so that necessary steps shall be taken by the Opposite Parties-Contemnors to ensure that while implementing the order passed by this Court, the Petitioners shall be sanctioned and disbursed with the benefits as has been directed by this Court.

4. Taking into consideration the request made by the learned counsel for the Opposite Parties-Contemnors, he is granted six weeks' time, as a last chance, to ensure that the financial benefits, as has been directed by this Court, which has been eventually upheld by the Hon'ble Supreme Court, is sanctioned

and disbursed in favour of the Petitioners in the meantime, failing which, the Opposite Parties-Contemnors shall be asked to appear in person before this Court and to explain as to why a proceeding under the Contempt of Courts Act shall not be initiated against them for wilful and deliberate violation of this Court's order.

5. Learned counsel for the Opposite Parties-Contemnors shall also ensure that the Opposite Parties-Contemnors are disbursed with the provisional pension as is due and admissible to the Petitioners till the decision is taken with regard to final pension.

6. Mr. S.K. Patra, learned Standing Counsel appearing for the Accountant General (A&E), Odisha, Bhubaneswar contended that there is no cause of action against Accountant General (A&E), Odisha, Bhubaneswar, as the Pension Sanctioning Authority has not taken any decision with regard grant of pensionary benefits in favour of the Petitioners. Therefore, he prays that the contempt applications against the Accountant General (A&E), Odisha, Bhubaneswar, be dropped.

7. List these matters on 3rd July, 2026.

8. A free copy of this order be handed over to the learned counsel for the Opposite Parties-Contemnors for communication.



Digitally Signed                                              ( Aditya Kumar Mohapatra)
Signed by: DEBASIS AECH                                                 Judge
Reason: Authentication
Location: ORISSA Debasis
                   HIGH COURT
Date: 29-Apr-2026 10:36:51


 

 
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