IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No.2969 of 2024 Prashesh Kumar Das ..... Petitioner Represented By Adv. - M/s Saswati Mohapatra -versus-

D. Prashant Kumar Reddy, ..... Opposite Party/ I.A.S. Contemnor Represented By Adv. -

Bijaya Kumar Dash, S.R. Dash, R.K Nayak CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

05.12.2025 Order No.

10. 1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioner as well as Mr. B.K.

Dash, learned senior counsel for the Contemnor.

3. By filing the present application, the Petitioner alleges non- compliance of the direction issued by this Court vide judgment dated

22.01.2024 in W.P.(C) No.27153 of 2017.

4. Learned counsel for the Petitioner at the outset contended that the above noted writ petition was filed with a prayer for regularization of the service of the Petitioner in terms of Group ‘C’ & Group ‘D’ Contractual Appointment Rules, 2013 and further for a direction to the opposite parties to give all financial and service benefits as is due and admissible to the Petitioner within a stipulated period of time.

5. The above noted writ petition, as it appears, was heard and disposed of by a judgment dated 22.01.2024. The operative portion of the judgment contained in Para-17 is quoted hereinbelow;

“17. In the aforesaid premises, this Court deems it proper to dispose of the Writ Petition by directing the Managing Director of the Corporation to consider the case of the Petitioner and similarly situated other persons for regularization of their services against the available vacant post subject to suitability and eligibility of such employees within a period of two months from the date of communication of the copy of the judgment. It is further directed that in the event it is found that the Petitioner is suitable for the post of Junior Assistant as would be recommended by the Board of Directors, then the Board shall take a decision and in absence of any legal impediments shall regularize the service of the Petitioner against such vacant post within the aforesaid stipulated period of time”

On perusal of the above noted operative portion of the order, it appears that this Court, while disposing of the writ petition, directed the Managing Director of the Corporation to consider the case of the Petitioner and similarly situated other persons for regularization of their services against the available vacant posts, subject to their suitability and eligibility, within two months. A further direction was given to the effect that in the event it is found that the Petitioner is suitable for the post of Junior Assistant as would be recommended by the Board of Directors, then the Board shall take a decision and, in the absence of any other legal impediments, the services of the Petitioner and similarly situated persons shall be regularized, and accordingly, they shall be paid their dues as would be due and admissible within a stipulated period of time. Since the aforesaid direction has not been carried out, the Petitioner has approached this Court by filing the present contempt application.

6. Mr. B.K. Dash, learned senior counsel for the Contemnor referred to the compliance affidavit filed by the opposite party- Contemnor and stated that after disposal of the writ petition the Managing Director vide letter dated 26.12.2024 placed the matter before the Board of Directors with his observations. He further submitted that the Board of Directors in their 217^th Meeting held on 30.12.2024 deliberated upon the letter of the Managing Director dated 26.12.2024 at Item No.17, it has been opined by the Board to prefer a writ appeal against the order passed by this Court before the Division Bench of this Court. Accordingly, the Managing Director of the Corporation was authorized to execute the Vakalatnama. On the basis of the aforesaid submission and the compliance affidavit, learned senior counsel for the Contemnor stated before this Court that the judgment of this Court dated 22