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Orissa High Court
Saroj Kumar Padhi vs Shri Vir Vikram Yadav on 13 March, 2026
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC No.1470 of 2025
Saroj Kumar Padhi .... Petitioner
Mr.Manoja Kumar Khuntia, Advocate along with
Ms.Babita Kumari Pattanaik, Advocate
-versus-
Shri Vir Vikram Yadav, IAS,
Principal Secretary, Works
Department, Bhubaneswar .... Opposite Parties
Mr.Saswat Das, Addl. Government Advocate
CORAM:
THE HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
ORDER
Order No. 13.03.2026
08. 1. Mr. Saswat Das, learned Addl. Government Advocate referring
to the written instruction received from the Deputy Secretary,
Works Department submitted that the petitioner has not submitted
pension papers; as such there is no deliberate attempt on the part of
the contemnor.
2. Mr. Manoja Kumar Khuntia, learned Advocate for the
petitioner drawing attention of this Court to Paragraph-9 of order
dated 01.10.2024 passed in W.P.(C) No.11825 of 2023 submitted
that the petitioner is required to be extended with all consequential
benefits. He drew attention of this Court to orders dated 07.11.2025
and 09.02.2026 passed in this contempt petition, which are re-
produced hereunder:
Order dated 07.11.2025
"1. Mr.Saswat Das, learned Addl. Government Advocate
files a copy of the compliance affidavit dated 29.10.2025 sworn
to by the Principal Secretary to Government in Works
Department in Court today by serving a copy thereof on Ms.
Babita Kumari Pattanaik, learned Advocate for the petitioner,
which is taken on record.
2. Mr. Das, learned Addl. Government Advocate submitted
that challenging the order dated 01.10.2024 passed in W.P. (C)
No.11825 of 2023, an Intra Court Appeal being W.A. No.977 of
2025 has been filed. However, a conscious decision is taken by
the Government of Odisha in Works Department pursuant to
the opinion rendered by the Law Department to withdraw the
said Writ Appeal. Accordingly, the Works Department issued
letter dated 14.10.2025 addressed to the learned Advocate
General, Odisha, Cuttack with the following text :
"In inviting a kind reference to the subject
cited above, I am directed to say that the Hon'ble
High Court vide their Order dtd. 01.10.2024 passed
in W.P(C) No.11825/2023 filed by Sri Saroj Kumar
Padhi have quashed the Disciplinary Proceedings
instituted against Sri Padhi.
In the meantime, the Government in Works
Department have been pleased to withdraw the Writ
Appeal No.977/2025 as per the opinion rendered by
the Law Department w.r.t. the Order dtd. 01.10.2024
passed in W.P.(C) No.11825/2023 of the Hon'ble
High Court.
A copy of the Writ Appeal No.977/2025 filed
by the O.P.No.1 i.e., the Principal Secretary to Govt.,
Works Department and order dated 01.10.2024 are
enclosed herewith for kind reference.
It is, therefore, requested to kindly look into
the issue and take necessary steps for withdrawal of
the aforementioned Writ Appeal in the Hon'ble Court
challenging the order dated 01.10.2024."
2.1. Mr. Das, learned Addl. Government Advocate further
submitted that a show cause affidavit has been filed by the
present incumbent on behalf of the Contemnor (Works
Department). Paragraphs-7 and 8 thereof reads as follows:
"7. That it is humbly submitted that, however, in the meantime
Govt. have decided to withdraw the WA no. 977/2025 filed
against order dtd. 01.10.2024 in WPC No. 11825/2023 and
accordingly Ld. Advocate General, Odisha has been requested
to take necessary steps for withdrawal of the Writ Appeal vide
letter No.20039/W dtd. 14.10.2025, a copy of which is annexed
herewith as at Annexure-A/1.
8. That it is humbly submitted that, steps shall be taken for
compliance with the order dtd. 01.10.2024 in WPC No.
11825/2023 soon after allowing withdrawal of the Writ Appeal
by the Hon'ble Court, which is awaited."
2.2. Mr. Das, learned Addl. Government Advocate also
submitted that steps have been taken to withdraw the said Writ
Appeal to comply with the order dated 01.10.2024 passed in
W.P. (C) No.11825 of 2023.
3. List this matter on 12.12.2025.
4. It is needless to say that since the Works Department
has taken decision to withdraw the Writ Appeal, there is no
impediment in giving effect to the direction rendered in the
aforesaid order dated 01.10.2024 passed in W.P. (C) No.11825
of 2023 during pendency of this contempt petition."
Order dated 09.02.2026
"1. Learned counsel appearing for the petitioner submitted
that the order dated 1st October, 2024 passed in WP(C)
No.11825 of 2023 has not yet been complied with.
2. Learned Additional Government Advocate appearing
for the State, on instructions, submitted that the petitioner is
asked to upload or furnish certain material particular to the
authority concerned so as to process his pension papers.
3. At this stage, learned counsel for the petitioner
objected to such explanation and submitted that since the
disciplinary proceeding initiated against the petitioner has
already been quashed by this Court, his client is entitled to
promotion and all other consequential benefits, which has not
yet been accorded.
4. Learned Additional Government Advocate prays for a
short accommodation to obtain full-fledged instruction in this
regard.
5. List this matter on 27th February, 2026."
3. Mr. Khuntia, learned Advocate also drew attention to order
dated 22.07.2025 and relied on Paragraphs-3 and 3.1 of the said
order, which read thus:
"3. Learned counsel appearing for the Petitioner drew
attention of this Court to Annexure-6 to the writ petition
bearing W.P.(C) No.11825 of 2023 filed by the present
Petitioner. It is pointed out that the petitioner was one of the
four delinquents against whom, disciplinary proceeding was
initiated vide order dated 22nd March, 2023. The
disciplinary proceeding was initiated under Rule 7 read with
Rule 15 of the Odisha Civil Services (Pension) Rules, 1992
against four delinquents, out of whom one of the Petitioners,
namely, Sri Deepak Kumar Panigrahi (Ex-A.E.) filed a writ
petition being W.P.(C) No.2251 of 2025, where this Court
issued notice to the Opposite Party-State and directed the
learned Additional Standing Counsel to obtain instruction
enabling to file reply affidavit. However, the Department has
dropped the proceeding against the said petitioner-Deepak
Kumar Panigrahi, notwithstanding pendency of the writ
petition vide order dated 10th June, 2025 and accorded
promotion to the said delinquent on 19th June, 2025.
3.1. It is submitted that even though the case of the present
petitioner-Saroj Kumar Padhi stood disposed of vide order
dated 01.10.2024 passed in W.P.(C) No.11825 of 2023, the
Department has not complied with the said order."
3.1. It is further submitted that persons who were facing
disciplinary proceeding along with the present petitioner, have got
relief(s) by the Department, whereas the contemnor/authority has
not extended the benefit(s) to this petitioner.
4. Mr. Saswat Das, learned Addl. Government Advocate having
perused the orders as above, submitted that necessary instructions
are required from the officers concerned to comply with the
direction of this Court.
5. Mr. Das, learned Addl. Government Advocate submitted that
the order dated 01.10.2024 passed in W.P.(C) No.11825 of 2023
shall be complied with by the authority concerned and on the next
date, an affidavit in compliance of the aforesaid order shall be filed.
6. List this matter on 20th March, 2026.
(M.S. Raman)
Judge
Bichi
Signed by: BICHITRANANDA SAHOO
Location: Orissa High Court, Cuttack
Date: 13-Mar-2026 15:41:50
