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IN THE HIGH COURT OF ORISSA AT CUTTACK
Jaswant Singh, M.S. Sahoo, JJ.
Urbashi Sahoo – Appellant
Versus
Sanjeev Chopra, Principal Secretary To Government of Orissa, Home Department, Odisha Secretariat, Bhubaneswar, Khurda & Ors. – Respondents
CONTC No. 856 of 2022
Decided On : 08-12-2022
Contempt - Delayed Implementation of Court Order - Reinstatement and Consequential Benefits
Fact of the Case:
The petitioner was entitled to be reinstated as Junior Clerk and to receive all consequential benefits from the date of her discharge. The delay in implementing the order was attributed to an SLP filed by the Department and a review process, which had concluded.
Finding of the Court:
The Contempt Petition was disposed of as infructuous, with liberty granted to the petitioner to seek revival if the admissible benefits were not released by a specified date.
Issues: Delay in implementing court order, Contempt Petition, Revival of Contempt Petition
Ratio Decidendi: The court acknowledged the delay in implementing the order due to legal processes but granted the petitioner the opportunity to revive the Contempt Petition if the benefits were not released within the specified timeframe.
Final Decision: The Contempt Petition was disposed of as infructuous, with liberty granted to the petitioner to seek revival if the admissible benefits were not released by the end of 31st March, 2023.
JUDGMENT
1. In compliance of the order dated 11th August, 2021 passed by this Court in W.P.(C) No.28966 of 2011, the petitioner was entitled to be reinstated as Junior Clerk within two weeks from the date of receipt of certified copy of the order and also entitled to the release of all consequential benefits from the date of her discharge on 7th December, 2009 till reinstatement.
Mr. Khuntia, learned Additional Government Advocate states that the delay in implementing the order has occasioned because of, firstly, an SLP filed by the Department as also a review which concededly stand concluded on 18th October, 2022. He states that an order dated 7th December, 2022 reinstating the petitioner as Junior Clerk has been passed, whereas the remaining admissible benefits are under process of consideration and the same shall be finalized within next three months.
2. Mr. Mallik, learned counsel for the petitioner states that he has no objection, if the present Contempt Petition is disposed of. However, liberty may be granted for reviving the present Contempt Petition, in case, the needful is not concluded within the next three months.
3. In view of the aforesaid stand of the contemnors/opposite parties, the present Contempt Petition is disposed of as infructuous.
However, liberty is granted to the petitioner to seek the revival of the present Contempt Petition by making a proper application, in case, the admissible benefits are not released by the end of 31st March, 2023.
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