The High Court of Orissa disposed of multiple contempt petitions. The Court directed respondents to implement a specific benefit by July 15, 2024, threatening suo-motu contempt proceedings for non-compliance.
Direction to comply with the order by July 15, 2024; threat of suo-motu contempt proceedings for non-compliance.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CONTC Nos.10293, 9636, 9466, 8080, 7911, 7788, 7103, 5057 & 5058 of 2023 & CONTC Nos. 388, 856, 1206 & 1255 of 2024
CONTC No.1255 of 2024
Achari Satyabrata …. Petitioners Mohapatra & Others
Mr. P.K. Mohapatra, Advocate -versus-
Aswathy S., I.A.S. & Others
…. Opposite Parties Mr. M.K. Balabantaray, AGA
CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY
ORDER
03.05.2024 Order No. 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties. Since the matter relates to extension of benefit in the light of the decision in the case of Dhananjay Charan Dey , so upheld by the Hon’ble Apex Court, on the consent of the Parties all the petitions were heard analogously.
3. Learned counsel appearing for the Petitioners contended that similar order passed by this Court though has been implemented in number of cases, claim of the Petitioners are yet to be implemented.
// 2 //
4. Learned Addl. Government Advocate for the State on the other hand while not disputing the compliance of similar order contended that since financial implication of high amount is involved, the orders passed in the case of the Petitioners are yet to be implemented. However, it is contended that the matter is under active consideration and the order passed in the present batch of petitions will be implemented by 15th July, 2024.
5. Considering the submissions made by the learned AGA, this Court while disposing the present batch of petitions direct the Opposite Parties / Contemnors to comply with the order in question by 15th July, 2024. If the order will not be complied with by 15th July, 2024, suo-motu contempt proceeding will be initiated against the Opposite Parties /Contemnors.
6. Accordingly, all the Contempt Petitions are disposed of.
7. Photocopy of the order be placed in other connected cases.
(Biraja Prasanna Satapathy) Judge
Subrat
Signature Not Verified
Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 06-May-2024 11:40:29
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1 issue framed by the court
Whether the State must implement a benefit established in Stare Decisis within a specific timeline or face contempt proceedings.
Colour shows how this judgement treated each authority
Dhananjay Charan DeyFollowed¶2
Dhananjay Charan Dey
Achari Satyabrata & Others
Aswathy S., I.A.S. & Others
Biraja Prasanna Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Biraja Prasanna Satapathy
Parties & counsel
