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Banamali Behera Vs Anu Garg, I.A.S. — Orissa HC (2025) — LawSathi Research

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Orissa HC
2025
Banamali Behera Vs Anu Garg, I.A.S.Banamali Behera v. Anu Garg, I.A.S.

Disposed¶25

Banamali Behera v. Anu Garg, I.A.S.

Orissa HC8 Aug 2025CONTC/585/2024

Case brief

AI extract

What is this about?

Orissa High Court contempt petition CONTC No.585 of 2024, decided 08.08.2025 by Justice Aditya Kumar Mohapatra; petitioner Banamali Behera (counsel Lokanath Rath); contemnor Anu Garg, I.A.S., Additional Chief Secretary to Govt. of Odisha, Water Resources Department (counsel C.M. Singh, ASC); alleged non-implementation of order dated 31.03.2023 in W.P.(C) No.12961 of 2022 read with order dated 11.05.2023 in I.A. No.6151 of 2023; pensionary benefits to work charged employees; SLP pending before Supreme Court; Supreme Court judgment dated 24.07.2025 in The State of Odisha & Ors. v. G. Balakrishna; eight weeks' further time to implement; contempt petition disposed of.

What did the court decide?

Further eight weeks' time granted to the Opposite Party-Contemnor to implement the orders dated 31.03.2023 (W.P.(C) No.12961 of 2022) and 11.05.2023 (I.A. No.6151 of 2023), conditional on the issue involved in the writ petition having attained finality; contempt petition disposed of.

Why is it important?

The Opposite Party-Contemnor is granted further eight weeks' time to implement the order dated 31.03.2023 in W.P.(C) No.12961 of 2022 read with order dated 11.05.2023 in I.A. No.6151 of 2023, arising out of the same writ petition. ¶22

What the court decided

AI extract

Outcome

Further eight weeks' time granted to the Opposite Party-Contemnor to implement the orders dated 31.03.2023 (W.P.(C) No.12961 of 2022) and 11.05.2023 (I.A. No.6151 of 2023), conditional on the issue involved in the writ petition having attained finality; contempt petition disposed of.

Issue for consideration

Whether the Opposite Party-Contemnor violated the Court's order dated 31.03.2023 in W.P.(C) No.12961 of 2022 read with order dated 11.05.2023 in I.A. No.6151 of 2023. +1 more

Ratio / Principle

The Opposite Party-Contemnor is granted further eight weeks' time to implement the order dated 31.03.2023 in W.P.(C) No.12961 of 2022 read with order dated 11.05.2023 in I.A. No.6151 of 2023, arising out of the same writ petition.

Key takeaways

Implementation of the said orders is directed only in the event the issue involved in the aforesaid writ petition has attained finality.ratio¶22

Detailed headnote1 paragraphs

Contempt — CONTC No.585 of 2024 (High Court of Orissa at Cuttack, order dated 08.08.2025, Justice Aditya Kumar Mohapatra). Petitioner Banamali Behera alleged violation of the Court's order dated 31.03.2023 in W.P.(C) No.12961 of 2022 read with order dated 11.05.2023 in I.A. No.6151 of 2023, concerning pensionary benefits to work charged employees. Counsel for the Contemnor (Anu Garg, I.A.S., Additional Chief Secretary, Water Resources Department) pointed out that the State had preferred an SLP before the Hon'ble Supreme Court; counsel for the Petitioner relied on the Supreme Court's judgment dated 24.07.2025 in The State of Odisha & Ors. v. G. Balakrishna upholding grant of pensionary benefits to work charged employees. The Court granted the Contemnor eight weeks' further time to implement the orders of 31.03.2023 and 11.05.2023, in the event the issue had attained finality, and disposed of the contempt petition.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No.585 of 2024

Banamali Behera

.....

Petitioner

Represented By Adv. – Mr. Lokanath Rath

-versus-

Anu Garg, I.A.S., ..... Opposite Party/ Additional Chief Secretary to Govt. Contemnor of Odisha, Water Resources Represented By Adv.Mr. C.M. Singh, ASC Department, Secretariat,

Bhubaneswar.

CORAM:

THE HON’BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

08.08.2025

Order No.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Alleging violation of this Court’s order dated 31.03.2023 passed by this Court in W.P.(C) No.12961 of 2022 read with order dated 11.05.2023 passed in I.A. No.6151 of 2023, arising out of the same writ petition, the Petitioner has approached this Court by fling the present application.

Learned counsel for the Contemnor, at the outset, contended that challenging the order passed by this Court, the State-Opposite Party (Contemnor) has preferred a SLP before the Hon’ble Supreme Court.

Learned counsel for the Petitioner, on the other hand,

Page 1 of 3.

contended that similar batch of matters have been disposed of by the Hon’ble Supreme Court on 24.07.2025 i.e. in The State of Odisha & Ors. Vrs. G. Balakrishna wherein the validity of grant of pension to the work charged employees was the subject matter of dispute. Hon’ble Supreme Court by a detailed judgment has upheld the decision of this Court with regard to grant of pensionary benefits of work charged employees. In such view of the matter, it was submitted that the dispute involved in the aforesaid writ application is squarely covered by the judgment in the above noted case.

In the aforesaid factual backdrop, learned counsel for the Contemnor sought for some more time to verify the aforesaid aspect and in the event the issue has attained finality, the Contemnor shall take necessary steps to implement the order dated 31.03.2023 passed by this Court in W.P.(C) No.12961 of 2022 read with order dated 11.05.2023 passed in I.A. No.6151 of 2023, arising out of the same writ petition.

In such view of the matter, the Opposite PartyContemnor is grants further eight weeks’ time to implement the order dated order dated 31.03.2023 passed by this Court in W.P.(C) No.12961 of 2022 read with order dated 11.05.2023 passed in I.A. No.6151 of 2023, arising out of the same writ petition, in the event the issue involved in the aforesaid writ petition has attained finality.

With the aforesaid observation and direction, the

Page 2 of 3.

contempt petition stands disposed of.

A free copy of this order be provided to the learned counsel for the State.

( A.K. Mohapatra)

Judge

Debasis

Signature Not Verified

Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 11-Aug-2025 13:10:29

Page 3 of 3.

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the Opposite Party-Contemnor violated the Court's order dated 31.03.2023 in W.P.(C) No.12961 of 2022 read with order dated 11.05.2023 in I.A. No.6151 of 2023.medium confidence¶16
2.
Whether, in view of the SLP pending before the Supreme Court and its judgment dated 24.07.2025 in The State of Odisha & Ors. v. G. Balakrishna, the Contemnor should be granted further time to implement the Court's orders.medium confidence¶21
The court held
The Opposite Party-Contemnor is granted further eight weeks' time to implement the order dated 31.03.2023 in W.P.(C) No.12961 of 2022 read with order dated 11.05.2023 in I.A. No.6151 of 2023, arising out of the same writ petition.ratio¶22

Cases cited

Colour shows how this judgement treated each authority

AI extract

The State of Odisha & Ors. Vrs. G. BalakrishnaReferred¶20
The State of Odisha & Ors. Vrs. G. Balakrishna

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 31.03.2023 in W.P.(C) No.12961 of 2022 read with order dated 11.05.2023 in I.A. No.6151 of 2023, alleged to have been violated (non-implementation), giving rise to the present contempt application.¶16
High Court of Orissa at Cuttack · 31.03.2023
Prior proceeding
Challenging the order passed by this Court, the State-Opposite Party (Contemnor) preferred an SLP before the Hon'ble Supreme Court.¶17
Prior proceeding
Similar batch of matters disposed of by the Hon'ble Supreme Court on 24.07.2025 in The State of Odisha & Ors. v. G. Balakrishna, whereby the Supreme Court upheld the decision of this Court with regard to grant of pensionary benefits to work charged employees.¶20

Parties & counsel

AI extract

petitioner
Banamali Behera¶2
Lokanath Rath
respondent
Anu Garg, I.A.S.¶7
C.M. Singh

Coram

AI extract

Aditya Kumar Mohapatraauthor¶10

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 8 Aug 2025 · August
Registered: 3 Feb 2024
Case no.: CONTC/585/2024
CNR: ODHC010029272024
Bench: Aditya Kumar Mohapatra
Disposal: Dropped
Case type: CONTC

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Cite this judgement

Banamali Behera v. Anu Garg, I.A.S., CONTC/585/2024 (OD), decided on 8 August 2025.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

The State of Odisha & Ors. Vrs. G. BalakrishnaReferred¶20

Open Authorities

Procedural history3

Order dated 31.03.2023 in W.P.(C) No.12961 of 2022 read with order dated 11.05.2023 in I.A. No.6151 of 2023, alleged to have been violated (non-implementation), giving rise to the present contempt application.High Court of Orissa at Cuttack · 31.03.2023
Challenging the order passed by this Court, the State-Opposite Party (Contemnor) preferred an SLP before the Hon'ble Supreme Court.
Similar batch of matters disposed of by the Hon'ble Supreme Court on 24.07.2025 in The State of Odisha & Ors. v. G. Balakrishna, whereby the Supreme Court upheld the decision of this Court with regard to grant of pensionary benefits to work charged employees.

View full history

Bench / Coram

Aditya Kumar Mohapatra

Parties & counsel