Basanta Kumar Tarei v. R. Raghu Prasad,Commissioner Cum Secy. St And Sc Devlopment.

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC(CP) No.122 of 2018 Basanta Kumar Tarei ....

Petitioner -versusState of Odisha & others ....

Opposite Parties COROM:

JUSTICE BIRAJA PRASANNA SATAPATHY

ORDER

5.7.2022

1. 1. This matter is taken up through Hybrid Mode. Order No

2. Heard Mr. Mohapatra, learned counsel for the Petitioner and Mr. Balabantaray, learned Standing Counsel.

3. This contempt petition has been filed challenging the noncompliance of the order dated 29.6.2017 passed by the learned Tribunal in O.A. No.3036 of 2015. In the said order, learned Tribunal directed the present Opp. Party to fix up the pay of the applicant under O.R.S.P Rules, 2008 and grant periodical increment as per Rule 77 of the Odisha Service Code. Learned Tribunal also directed the said Opp. Party to disburse all the financial benefit within a period of three months from the date of receipt of the order.

4. A show-cause has been filed by the BDO, Loisinga wherein it has been indicated that the authorities are taking steps to regularize the service period of the petitioner and after receipt of the service book, the direction contained in the order dated 29.6.2017 will be complied with. The said affidavit was filed n 26.2.2019 and in the meantime, more than three years have passed. Mr. Mohapatra, learned counsel for the petitioner

// 2 // submitted that till date, the order dated 29.6.2017 has not yet been complied with.

4. Heard learned counsel for the parties.

5. In view of the stand taken in the show cause, the present contempt proceeding is disposed of with a direction on the Opp. Parties to comply with the order within a further period of three months from today. However, it is observed that if the order is not complied with within the above time, suo motu contempt proceeding will be initiated against all the opp. parties.

6. The contempt proceeding is accordingly disposed of. (Biraja Prasanna Satapathy) Judge sangita