State Of Orissa v. Dipti Kumari Das

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No.8874 of 2007 State of Orissa & Others ....

Petitioners Mr. D.R. Mohapatra, Senior Standing Counsel -versusDipti Kumari Das ....

Opp. Party

CORAM:

THE CHIEF JUSTICE JUSTICE R.K.PATTANAIK Order No.

ORDER

05.01.2022 3.

1. The impugned order was passed by the Orissa Administrative Tribunal, Cuttack on 5th April, 2006 (OAT) in O.A. No. 816(C) of 2006, i.e. more than 15 years ago. A direction was issued by the OAT to the Petitioners to allow the Opp.Party to acquire I.A.C.P.Ed. qualification on the dates of their appointment and allow them the I.A.C.P.Ed scale of pay after their appointment as P.E.T. from the date of such acquisition. The differential salary was asked to be paid within six months from the date of the order.

2. During the period of over 15 years when the present petition was pending before this Court, there has been no stay at all of the impugned order. In fact, it appears that the petition itself was not listed for over seven years after it was filed. It has been just listed once and that too for removal of defects.

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3. Learned counsel for the Petitioners states the impugned order has still not to be implemented. Therefore, it appears that no prejudice whatsoever has been caused to Petitioner by the impugned order. Clearly, no contempt petition was filed by the Opp.Party.

4. In that view of the matter the Court sees no reason why it should, at this stage after 15 years, interfere with the impugned order.

5. The writ petition is dismissed.

(Dr. S. Muralidhar) Chief Justice ( R.K.Pattanaik) Judge Kabita