IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No. 10574 OF 2023 CNR No. ODHC011047862023 Amulya Nayak …. Petitioner Mr. Hrudananda Mohapatra, Advocate -versus- Shalini Pandit, I.A.S. and others …. Opp. Parties Mr. Siba Narayan Biswal, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO ORDER Order No. 07.08.2026 4. 1. This matter is taken up through hybrid mode. 2. As requested by Ms. S. Aswathy S, Commissioner- cum-Secretary, Health and Family Welfare Department, Government of Odisha, Bhubaneswar (Opposite Party No. 1), the matter may be taken up at 4:00 P.M. to file the compliance affidavit. (K.R. Mohapatra) Judge (Savitri Ratho) Judge LATER 5. 1. Pursuant to the direction of this Court vide order dated 10th July, 2026, the present incumbents of the Opposite Parties are present before this Court. Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Aug-2026 19:18:06 Signature Not Verified 2. Ms. S. Aswathy S, Commissioner-cum-Secretary, Health and Family Welfare Department, Government of Odisha, Bhubaneswar, has filed a compliance affidavit enclosing Letter/Order No. 21357 dated 7th August, 2026 (Annexure-A/1), whereby a post of Junior Assistant has been created in the Directorate of State Institute of Health & Family Welfare, Odisha, Bhubaneswar, for regularisation of the services of the Petitioner. The relevant paragraphs of the said letter are culled out as under: “From Ms Aswathy S, I.A.S Commissioner-cum-Secretary to Government To The Principal Accountant General (A&E), Odisha, Bhubaneswar Sub : Creation of one Junior Assistant post in Directorate of SIH & FW, Odisha, Bhubaneswar. Sir, I am to intimate that one post of Junior Assistant is hereby created in the Directorate of SIH & FW, Odisha, Bhubaneswar for regularization of service of the petitioner Sri Amulya Nayak for implementation of order 10.03.2022 of the Hon’ble High Court passed in W.P.(C) No.17997 of 2013 filed by State of Orissa & Ors.- vrs.- Amulya Nayak. 1. The salary component of the newly created post shall be met out from the State Budget of Health & F.W. Department and the charge is debitable to the following Heads of Account subject to Budget Provision: 12-2210-1128 12-2211-1344 12-2211-1351. 2. This post shall automatically stand abolished on the date of superannuation of Sri Amulya Nayak i.e. 30th June, 2-35. This has been concurred in by the Finance Department in their File No.FIN-SOS3-ESTT-0022- 2026.” Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Aug-2026 19:18:06 Signature Not Verified The said compliance affidavit filed by the Opposite Party No.1 is taken on record. 3. A copy of the said affidavit is served on Mr. Mohapatra, learned counsel for the Petitioner, who vehemently objects to the same. 3.1. It is his submission that pursuant to the direction dated 10th May, 2012 passed by the Odisha Administrative Tribunal, Bhubaneswar in O.A. No.653 of 2005, the Opposite Parties were required to absorb the Petitioner as a Junior Assistant against a regular cadre post. If no suitable post, available to adjust the applicant, a supernumerary post should be created to accommodate him till the regular post is made available to adjust the applicant. In the letter/order under Annexure-A/1, no step has been taken by the Government to absorb the Petitioner in any regular cadre post. 3.2 It is further submitted that the order under Annexure-3 passed by the Odisha Administrative Tribunal, Bhubaneswar was challenged by the State of Odisha and their officials in W.P.(C) No.17997 of 2013, which was disposed of with the following direction; “8. Be that as it may, this Court directs the petitioners to give the opposite party regular appointment, if his services have not been regularized in the meantime, in terms of the order dated 10.05.2012 passed by the Tribunal in O.A. No.653 of 2005 and extend all consequential benefits to him in accordance with law. Accordingly, the order dated 10.05.2012 passed by the Tribunal in O.A. No.653 of 2005 is modified to the above extent.” 3.3. It is submitted that no steps have been taken to absorb the Petitioner against any regular cadre post, nor have the Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Aug-2026 19:18:06 Signature Not Verified consequential benefits extended under Annexure-A/1 been granted to him. Hence, Mr. Mohapatra, learned counsel appearing for the Petitioner, submits that the orders passed by the Odisha Administrative Tribunal, Bhubaneswar, as well as by this Court, have not been complied with. As such, the Opposite Parties are liable to be punished under the Contempt of Courts Act, 1971. 4. Taking note of the submissions made by the learned counsel appearing for the parties, this Court finds that the Odisha Administrative Tribunal, Bhubaneswar, while disposing of O.A. No. 653 of 2005, held that the Petitioner should be absorbed as a Junior Assistant against a regular cadre post. It was further directed that if no suitable post is available to adjust the Petitioner, a supernumerary post should be created to accommodate him till the regular post is made available to adjust the Petitioner. 5. It appears from the Letter/Order under Annexure-A/1 that a supernumerary post has been created to absorb the Petitioner due to the non-availability of a regular cadre post. It is further observed in the said Letter/Order that the said post shall remain in existence till the date of superannuation of the Petitioner, i.e., 30th June, 2035. 6. Thus, we find that the extension of consequential benefits would arise after the Petitioner formally joins the said post. 7. In view of the above, we find that the orders of the Odisha Administrative Tribunal, Bhubaneswar as well as this Court have been substantially complied with. Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Aug-2026 19:18:06 Signature Not Verified 8. As such, the contempt proceeding is dropped and the CONTC is disposed of accordingly. 9. The Petitioner, if aggrieved by the said letter/order under Annexure-A/1, he may workout his remedy available under law. 10. Personal appearance of Dr. Sushant Kumar Nayak, Director, State Institute of Health and Family Welfare Department, Government of Odisha, Bhubaneswar-Opposite Party No.3 is dispensed with for the time being. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (Savitri Ratho) ms Judge Designation: Senior Stenographer