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2025 DAILYLAW 82005 (ORI)

KEDARNATH BEHERA v. ANU GARG,IAS

CONTC/5334/2025 · 2025-11-14

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.5334 of 2025 Kedarnath Behera ..... Petitioner Represented By Adv. - M/s Laxmikanta Mohanty -versus- Anu Garg, IAS & Ors. ..... Contemnors Represented By Adv. – Mr. S.K. Parhi, ASC CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 14.11.2025 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard the learned counsel for the Petitioner as well as learned counsel for the Contemnors. 3. Alleging violation of this Court’s order dated 28.03.2022 passed by this Court in W.P.(C) No.7085 of 2022, the Petitioner has approached this Court by fling the present contempt application. 4. The Petitioner had approached this Court by filing W.P.(C) No.7085 of 2022 with a prayer for grant of pensionary benefits in terms of the judgment of the Hon’ble Supreme Court in Narsu Pradhan v. State of Orissa. Record reveals that the writ petition was disposed of on 28.03.2022 by a detailed order taking into consideration the judgments of the Hon’ble Supreme Court as Page 2 of 3. well as this Court with a final direction to the Opposite Parties to grant similar benefits to the Petitioner as has been done in the case of Narsu Pradhan (supra) and the Opposite Parties were directed to calculate and to pay the benefits as is due and admissible to the Petitioner within a period of three months. As against the aforesaid order, the State-Opposite Parties have preferred a writ appeal bearing W.A. No.1312 of 2022, which was dismissed on merit vide order dated 16.11.2023. Thereafter, the State-Opposite Parties have preferred SLP before the Hon’ble Supreme Court in similar matter which registered as SLP No.33400 of 2023. The said SLP was taken up along with a batch of SLPs, i.e. in the matter of The State of Odisha & Ors. Vrs. G. Balakrishna (Special Leave Petition (Civil) Diary No.33400 of 2023) and by virtue of a common order dated 24.07.2025, the Hon’ble Supreme Court was pleased to dismissed the batch of SLPs on merit by observing that no good reasons found to be interfered with the orders passed by the High Court. In such view of the matter, the order dated 28.03.2022 passed by this Court in W.P.(C) No.7085 of 2022 has attained finality. 5. Learned counsel for the Petitioner, at this juncture, contended that despite order dated 28.03.2022 passed by this Court in W.P.(C) No.7085 of 2022 has attained finality, the same has not been implemented as of now. As a result of which, the Petitioner has approached this Court by filing present contempt application. 6. Learned counsel for the Contemnors, on the other hand, contended that steps have been taken to implement the order passed by the Hon’ble Supreme Court in the batch of applications. Page 3 of 3. Since it has huge financial implication, therefore, necessary arrangement shall be made for implementation of the order passed by this Court. 7. Considering such submission, as a last chance the Opposite Parties-Contemnors are granted further two months’ time to implement the order dated order dated 28.03.2022 passed by this Court in W.P.(C) No.7085 of 2022, failing which, the Contemnors will be asked to appear before this Court and explain to as to why they shall not be proceeded under the Contempt of Courts Act for their wilful and deliberate violation of this Court’s order as well as the order passed by the Hon’ble Supreme Court of India in the above noted case. 8. With the aforesaid observation and direction, the contempt petition stands disposed of. ( A.K. Mohapatra ) Judge Sisir Designation: Personal Assistant