Disposed¶27

Narayan Ch.Panigrahi v. Mrs.Usha Padhee

Orissa HC16 Aug 2024CONTC/71/2014

Case brief

AI extract

What is this about?

CONTC No. 71 of 2014, High Court of Orissa at Cuttack, decided 16.08.2024 by Chakradhari Sharan Singh, CJ. Contempt petition alleging non-compliance of order dated 07.03.2007 in OJC No.12555 of 1997 (steps for payment of salary to Jagatpur High School staff). Court held the direction was only to take steps, not to pay; claim already rejected by order dated 15.11.2014; no willful/deliberate disobedience; contempt dropped; liberty reserved to file writ petition against rejection order. No statute or precedent cited.

What did the court decide?

Contempt proceeding dropped; contempt petition disposed of, with liberty to the petitioners to challenge the rejection order dated 15.11.2014 before the appropriate forum, including by way of a writ petition before this Court. ¶27

Narayan Ch.Panigrahi Vs Mrs.Usha Padhee — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

¶27

Issue for consideration

Whether the opposite parties/contemnors committed willful or deliberate disobedience of this Court's order dated 07.03.2007 in OJC No.12555 of 1997 by rejecting the petitioners' claim for salary, so as to warrant action in contempt.

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Court's answer

The order dated 07.03.2007 in OJC No.12555 of 1997 did not direct the opposite parties/contemnors to make payment of salary; it only directed them to take steps for payment of salary.

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Ratio / Principle

Since the opposite parties/contemnors considered the petitioners' case and rejected the claim by order dated 15.11.2014, no case of willful/deliberate disobedience of this Court's order is made out.

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Key takeaways

By way of observation, the petitioners are granted liberty to question the correctness of the rejection order dated 15.11.2014 before the appropriate forum, including by way of filing a writ petition before this Court; the point is left open and not decided here.obiter¶26

Detailed headnote1 paragraphs

Contempt — alleged disobedience of order dated 07.03.2007 in OJC No.12555 of 1997, whereby writ application of staff of Jagatpur High School was disposed of with a direction to the opposite parties to take immediate steps for payment of salary — earlier contempt petition (CONTC No.2020 of 2007) disposed of on 06.09.2012 granting further time — petitioners' claim rejected by order dated 15.11.2014, which was never challenged — Held: the 2007 direction was only to take steps for payment of salary, not to make payment; rejection of the claim after consideration does not constitute willful/deliberate disobedience — contempt proceeding dropped; petition disposed of with liberty to challenge the rejection order before the appropriate forum, including by way of a writ petition.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CONTC No. 71 of 2014

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Narayan Chandra Panigrahi and …. Petitioners others

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Mr. Umakanta Sahoo, Advocate

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-versus-

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Mrs. Usha Padhee, IAS, Commissioner …. Opposite Parties –cum-Secretary to Government of Odisha and another

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Mr. L. Samantray, Additional Government Advocate

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CORAM:

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HON’BLE THE CHIEF JUSTICE

Order No.

ORDER 16.08.2024

This matter is taken up through Hybrid mode.

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Dr. Santosh Kumar Rout, the District Education Officer, Cuttack is personally present in the Court pursuant to this Court’s order dated 02.08.2024.

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The petitioners, in the present contempt petition, have alleged disobedience of this Court’s order dated 07.03.2007 passed in OJC No.12555 of 1997, the operative portion of which reads as under:

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On consideration of the submissions made by the learned counsel for the petitioners and after hearing learned Addl. Standing Counsel for the School and Mass Education Department, I am of the opinion that the petitioners in the present writ application are on the same footing with the members of the staff of Tarapur High School and are entitled to the similar benefits.

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Page 1 of 3

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Accordingly, this writ application is disposed of with a direction to the Opp. Parties to take immediate steps for payment salary to the members of the staff of Jagatpur High School within a period of two months from the date of receipt of this order. Requisites for communication of this order be filed within a week.

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The petitioners had earlier filed a contempt petition which gave rise to CONTC No.2020 of 2007, that was disposed of by this Court by an order dated 06.09.2012, granting the opposite parties/contemnors further time to comply with the order.

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A compliance affidavit has been filed on behalf of the opposite parties/contemnors, wherein it has been mentioned that the petitioners’ claim was rejected by an order dated 15.11.2014, which was communicated to them.

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Mr. Umakanta Sahoo, learned counsel appearing on behalf of the petitioners has submitted that the rejection of the petitioners’ claims amounts to disobedience of this Court’s order, inasmuch as, this Court had held the petitioners’ entitlement to salary.

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However, on careful perusal of the order violation of which has been alleged in this application, I am of the view that there is no direction issued to the opposite parties/contemnors to make payment of the salary, rather the direction is for taking steps for payment of salary.

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Since the opposite parties/contemnors, after having considered the petitioners’ case, have rejected the claim by an order dated 15.11.2014, in my opinion, no case of willful/deliberate

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Page 2 of 3

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disobedience of this Court’s order is made out. It is an admitted fact that the petitioners have not challenged the said order of rejection dated 15.11.2024.

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In such view of the matter, the present contempt proceeding is dropped with an observation that the petitioners shall have the liberty to question the correctness of the order dated 15.11.20214 passed by the opposite parties/contemnors before the appropriate forum, including by way of filing a writ petition before this Court.

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The contempt petition stands disposed of accordingly.

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(Chakradhari Sharan Singh) Chief Justice

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S. Behera

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Signature Not Verified

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Page 3 of 3

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Digitally Signed Signed by: SUMANTA BEHERA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 20-Aug-2024 11:54:00

Narayan Ch.Panigrahi v. Mrs.Usha Padhee

Case brief

What is this about?

What did the court decide?

Narayan Ch.Panigrahi v. Mrs.Usha Padhee

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

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