IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No.2076 of 2025 Niranjan Das …. Petitioner Mr. Sameer Kumar Das, Advocate -versus- Aswathy S, IAS, Commissioner-cum- Secretary to Government, Health and Family Welfare Department …. Opposite Party Mr. Kailash Chandra Kar, Government Advocate CORAM: HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. 10. ORDER 24.04.2026 1. Learned counsel appearing for the petitioner submitted that the contempt petition has been filed alleging non-compliance of direction contained in the order dated 2nd January, 2025 passed in WP(C) No.22658 of 2023. It is stated that the service rendered by the petitioner as “Surveillance Worker” from 2nd May, 1972 to 1st February, 1976 was not included for the purpose of counting qualifying service for pensionary benefits. 2. After seeking for certain adjournments through the counsel for opposite party, a show-cause affidavit has come to be filed indicating that as appeal has been preferred before the Division Bench, the effect of the order could not be extended to the petitioner. 3. On 17th April, 2026 when the matter was taken up it was highlighted that “mere filing of writ appeal would not tantamount to stay operation of the order and the filing of appeal would not absolve the authority concerned to carry out the directions unless the stay of operation of judgment or order of Court is granted by higher forum”, and a direction was issued to the Commissioner-cum- Secretary to Government of Odisha, Health and Family Welfare Department to appear before this Court through virtual mode. 4. Learned Government Advocate representing the Commissioner- cum-Secretary to Government of Odisha, Health and Family Welfare Department submitted that due to certain emergent administrative exigency, said Secretary had to leave for a distant place, as such she is not available in headquarters. Stating that due to such unavoidable circumstance as she could not join the virtual mode, he prayed for dispensing with her appearance for today and requested to take into consideration the written instruction imparted to him. 5. Having considered the difficulty and perceiving the circumstance, the personal appearance of the Commissioner-cum-Secretary to Government of Odisha, Health and Family Welfare Department is dispensed with. Nonetheless, said written instruction is taken on record. 6. Upon perusal of such instruction and document enclosed therewith, it transpired that: “In pursuance to the direction given by the Hon’ble High Court of Orissa in its order dated 02/01/2025 passed in WP(C) No.22658 of 2023 filed by Sri Niranjan Das –vrs- State of Odisha and in letter No-11582/H dated 23/04/2026 of the Under Secretary to Govt, Health and Family Welfare Department, Govt. of Odisha, the services rendered by Sri Niranjana Das Retd- Attendant (Class-IV), CHC Patkura as ‘Surveillance Worker’ from dt.02/05/1972 to dt. 01/02/1976 will be counted towards qualifying service for pensionary benefits, subject to outcome of WA No.1533 of 2025 filed by State of Odisha and others-vrs- Sri Niranjan Das.” 7. Perusing the copy of Letter No.4538 dated 23rd April, 2026 being served on the learned counsel for the petitioner, it is submitted on behalf of the petitioner that though the Department has stated to have counted the period from 2nd May, 1972 to 1st February, 1976 towards qualifying service for pensionary benefits, no actual disbursal of payment has been made till date. 8. At this stage, learned Government Advocate assured that certain administrative formalities are required to be undertaken for extending the benefit as contended by the learned counsel for the petitioner and such official process may take some time. He submitted that since the steps have already been taken by the proper quarters, the needful would be done at the earliest. 9. Heard learned counsel for the petitioner and learned Government Advocate appearing for the opposite party. 10. Considering the submissions made by the learned counsel appearing for the parties and taking note of the fact contained in the document enclosed with the instruction that the period spent by the petitioner as “Surveillance Worker” from 2nd May, 1972 to 1st February, 1976 being added to compute the qualifying service for the purpose of extending the pensionary benefit, and in furtherance thereto the assurance given by the learned Government Advocate, this Court does not find wilful or deliberate negligence in non-compliance of order dated 2nd January, 2025 passed in WP(C) No.22658 of 2023 within period stipulated. In such view of the matter, the contempt proceeding is hereby dropped. It is needless to mention that such order of the Government would abide by result of writ appeal. Accordingly, the contempt petition stands disposed of. (M.S. Raman) Judge Laxmikant Designation: SENIOR STENOGRAPHER