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2025 DAILYLAW 67975 (ORI)

SUBASH CHANDRA SINHA v. SRIDHAR NAYAK, O.A.S(SAG)

CONTC/10755/2023 · 2025-07-11

Aditya Kumar Mohapatra

Writ Petition (Civil)body2025

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No.10755 of 2023 Subash Chandra Sinha ..... Petitioner Represented By Adv. - Sameer Ku Das,n.jena -versus- 1) Sridhar Nayak, O.a.s(sag) ..... Opposite Parties/Contemnors 2) Sanjay Singh Represented By Adv. –Mr. J.K.Bal, A.G.A. CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA Order No. ORDER 11.07.2025 04. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the petitioner as well as Mr.B K.Dash, learned senior counsel for the Opposite Party-Contemnor No.1 and learned counsel for the State for Contemnor-Opposite Party No.2. 3. By filing the present contempt application the petitioner has alleged violation of order dated 09.11.2022 passed in W.P.(C) No.28592 of 2022 as well as the modified order dated 23.02.2023 passed in the very same writ application. By virtue of order dated 09.11.2022 this Court while setting aside under Annexures-1, 3, 4 and 6 further directed the Opposite Party No.2 to consider the case of the petitioner and to pass a reasoned and speaking order clarifying as as to why the scale of pay of the petitioner was modified to Page 2 of 3. Rs.10,100/- from the sanctioned pay scale which was being given to him after his regularisation of his service and that in the event the Opposite Party No.2 comes to a conclusion that the petitioner is entitled to such scale of pay the same shall be released in favour of the petitioner. The aforesaid order was modified vide order dated 23.02.2023 extending the time to take a decision by a further period of four weeks. 4. Learned counsel appearing for the Contemnor-Opposite Party No.1 on the other hand contended that in the meantime the decision has been taken by the commission to regularise the service of the petitioner and similarly situated person and by fixing their pay scale and the same was sent to the State Government for approval. However, the order of the commission regularising the service of the petitioner and the fixing the scale of pay has been assailed by the State by filing a writ petition before this Court. The writ petitions which have been filed by the State-Opposite Party challenging the order of regularisation have also been listed along with the present contempt application. On perusal of the order passed in the writ application preferred by the State-Opposite Parties it is observed that no interim order has been passed by this Court. 5. In such view of the matter, this Court deems it proper to dispose of the contempt application with a clarification that there is no legal impediment as there is no interim order staying the regularisation order as well as scale of pay sanction by the Opposite Party-Contemnor No-1. As such pay scale be released in favour of the petitioner subject to the petitioner furnishing an undertaking that he shall be paid subject to the final outcome of the writ petition preferred by the State-Opposite Party. Let the aforesaid exercise be Page 3 of 3. conducted within a period of four weeks. 6. With the aforesaid observations, the CONTC application is disposed of. ( A.K. Mohapatra ) Judge Rubi