The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CONTC No. 1704 of 2012 Kailash Chandra Panda and others …. Petitioners Mr. J.K. Rath, Sr. Advocate -versus- Smt. Aparajita Sarangi, IAS, Secretary to Govt., Higher Education Department and others …. Opposite Parties
Legal Reasoning
Mr. L. Samantaray, Addl. Govt. Advocate & Mr. Anshuman Mishra, Advocate (O.P3)
Decision
CORAM: HON’BLE THE CHIEF JUSTICE ORDER 20.09.2024 This matter is taken up through Hybrid mode. Heard learned counsel for the parties. The petitioners in the present contempt application have Order No. 15. 2. 3. alleged disobedience of this Court’s order dated 26.04.2010 passed in W.P.(C) No. 6064 of 2002, operative portion of which reads as under. “7. In view of the above facts and circumstances, we dispose of the writ petition with a direction that steps should be taken by the University Authorities as well as by the State Government to regularize the services of the petitioners as expeditiously as possible. It is needless to say that if necessary recommendation is made by the Page 1 of 5 University Authorities to that effect, the same shall be considered with a pragmatic view following the ratio of the judgment of the Hon’ble Supreme Court in the case of Uma Devi as well as U.P. State Electricity Board (supra) and necessary orders shall be passed in accordance with law.” 4. When the matter was earlier taken up on 23.08.2024, the following order was passed. “This matter is taken up through Hybrid mode. 2. Heard learned counsel for the parties. 3. I am prima facie satisfied that the order of this Court dated 26.04.2010 passed in W.P.(C) No.6064 of 2002 has not been complied with by the contemnors- State Officials. There was specific direction to consider the case of the petitioners for regularization, once recommendation was made by the University. counsel learned 4. Mr. Anshuram Misrha, appearing on behalf of opposite party no.3 has filed a show-cause reply Annexure-N/3 of which indicates that a recommendation was made on 03.11.2012 with reference to this Court’s order with a request to take steps to release the abolished posts in order to enable the University to comply with the direction of the High Court. 5. No show-cause reply has been filed on behalf of the State officials/contemnors as to whether they have taken any step pursuant to the said recommendation dated 03.11.2012 made by the University. In the Court’s opinion, this constitutes a gross disobedience of this Court’s order. 6. Let a show-cause reply be filed on behalf of the Secretary, Higher Education Department, i.e. opposite party no.1 as to why contempt proceeding be not Page 2 of 5 for deliberate initiated and he be not punished disobedience of this Court’s order. It shall however be open for the concerned 7. contemnor said take a decision on recommendation/communication dated 03.11.2012 in the meanwhile. the to 8. List this matter on 20.09.2024. Let the name of Mr. B.S. Mishra be deleted from 9. the cause list as well as the brief.” 5. Mr. J.K. Rath, learned Senior Counsel appearing on behalf of the petitioners has argued that in utter disobedience of this Court’s order and despite the fact that the University had made a recommendation on 03.11.2012 to the State Government to take steps to release the abolished posts, so as to enable the University to comply with the direction of the High Court, the concerned officials in the Department of Higher Education, Government of Odisha have not taken any action. 6. Learned Senior Counsel, has however, not been able to point out that the officials of the Higher Education Department have any role to play in compliance of this Court’s order dated 26.04.2010 passed in W.P.(C) No.6064 of 2002. 7. Mr. L. Samantaray, learned Additional Government Advocate appearing on behalf of the contemnor no.1 has brought to my notice the communication dated 21.08.2024 from the Higher Education Department under the signature of Special Secretary. A copy of the order dated 21.08.2024 is handed over to learned Senior Page 3 of 5 Counsel appearing for the petitioners in Court today. The body of which reads as under: - “GOVERNMENT OF ODISIIA HIGHER EDUCATION DEPARTMENT No HE-FE 1-CASE-0072-2017- 32691/HE Dated 21.08.2024 From Sri Ramakanta Nayak, OAS (SS) Special Secretary to Government To The Registrar, Berhampur University Sub:- CONTC No.1704/2012 filed by Shri Kailash Chandra Panda & others Vrs Smt. Aparajita Sarangi, IAS, secretary to Government, Higher Education department, Bhubaneswar and others. Your letter no.5257 dated- 25.07.2024 Ref: Sir, With reference to your letter cited above, I am directed to intimate you that as per the telephonic discussion with you on 01.08.2024, it is seen that the petitioners are working in the University, being engaged by the University authorities, being autonomous without following any norm and getting remuneration from the University own fund and not from the Government budget. So, these petitioners can not be considered for payment from Government budget. Therefore, it is requested that issue regarding their service regularization may be examined and considered at itself as an autonomous body and from its own earned fund in due compliance of order of the Hon'ble High Court. the University level Yours faithfully, Sd/- Special Secretary to Government Page 4 of 5 Copy Memo No. 32692/HE, Dated 21.08.2024 forwarded Berhampur University necessary action. to for kind the Vice-Chancellor of information and Sd/- Special Secretary to Government.” 8. It appears, based on the submissions advanced on behalf of the parties and also the recommendation made by the University dated 03.11.2012 that the posts, against which the petitioners are working against are not sanctioned. The petitioners have not been able to make out a case that either the officials of the University or the concerned Department of the State Government have intentionally disobeyed this Court’s order. 9. In my opinion thus, no case of deliberate disobedience of this Court’s order is made out. The contempt proceeding stands dropped. I make it clear that I have disposed of this contempt application as in my opinion no case of disobedience of this Court’s order is made out. I also make it clear that this order is confined to the allegation of the petitioners against the contemnors for disobedience of this Court’s order. Other issues if any, are left upon. Chief Justice (Chakradhari Sharan Singh) Arun Mishra Signature Not Verified Digitally Signed Signed by: ARUN KUMAR MISHRA Designation: ADR-cum-Addl. Principal Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Sep-2024 11:22:20 Page 5 of 5