CONTC/411/2025 of SUNAKAR JENA Vs GIRISH S N,COMMISSIONER CUM SECRETARY,PR AND D.W DEPTT. on 27 August 2026

ORDER

27.08.2026

12.

1. A show-cause affidavit dated 21st August, 2025 has been filed. On the objection of the learned counsel for the petitioner that full compliance of the order dated 15th July, 2024 passed in W.P.(C) No.35316 of 2021 was not made by the contemnor, it was submitted by the learned counsel representing the Contemnor that the State of Odisha preferred a petition for review of the said order, which is sub judice.

2. Today, when the matter is taken up, a compliance affidavit dated 26th August, 2026 sworn to by the Commissioner-cum-Secretary to Government, Panchayati Raj and Drinking Water Department, Government of Odisha has come to be filed, which is taken on record. It has been stated in the said affidavit as follows: “8. That it is humbly submitted that, in compliance with the Judgment dated 15.07.2024 passed by the Hon’ble Court in W.P.(C) No.35316 of 2021, the Government, upon consideration of the matter, has passed a Speaking Order No.24301/PR&DW, dated 26.08.2026 allowing the claim of Sri Sunakar Jena (Retd.), Ex-Data Entry Operator-cum-

Programme Officer, DRDA, Khordha for enhancement of Grade Pay from ₹4,200/- to ₹4,600/- w.e.f. 08.08.2013 subject to the final outcome of the above Review Petition with a stipulation that this shall not be treated as precedent.

9. That it is, therefore, humbly submitted that the direction of the Hon’ble Court vide Order dated 15.07.2024 passed by the Hon’ble Court in W.P.(C) No.35316 of 2021 has been duly complied with by the Government.”

2.1. In the said compliance affidavit, a copy of the order dated 26th August, 2026 passed by the Commissioner-cum-Secretary to Government has been enclosed, wherein the following observation is made: “Now therefore, taking into consideration to the order dated 15.07.2024 passed in W.P.(C) No.35316 of 2021 in the matter of Sunakar Jena vrs. State of Odisha and others, the view of Law Department dated 17.10.2024, view of Finance Department dated 24.08.2026, advice of the Learned Advocate General, Odisha and in compliance with the order dated 28.07.2026 passed in CONTC No.411 of 2025, after careful examination of the matter, the Government in PR & DW Department has been pleased to implement the order dated 15.07.2024 passed in WP(C) No.35316 of 2021 in the matter of Sunakar Jena -vrs- State of Odisha and others subject to the final outcome of the pending review petition bearing RVWPET No.204 of 2025 (State of Odisha -Vrs- Sunakar Jena) and without prejudice to the contentions raised in the said review petition. Accordingly, it is ordered that: i. The claim of Sri Sunakar Jena (Retd.), Ex-Data Entry Operator-cum-Programme Officer, DRDA for enhancement of Grade Pay from ₹4,200/- to ₹4,600/- is allowed. ii. The benefit of Grade Pay of ₹4,600/- shall be admissible to the petitioner with effect from 08.08.2013, subject to verification of the relevant service/pay records and applicable financial rules.

iii. The present order shall be communicated to Sri Sunakar Jena forthwith. iv. This shall not be treated as precedent.”

2.2. By way of such show-cause affidavit, the contemnor has tendered unconditional and sincere apology for the delay in complying with the order dated 15th July, 2024 passed in W.P.(C) No.35316 of 2021.

3. Learned Additional Government Advocate appearing for the Contemnor filed an Interlocutory Application, being I.A. No.584 of 2026, with a prayer for dispensing with the personal appearance of the contemnor. The same is taken on record.

4. Heard learned counsel for the petitioner and learned Additional Government Advocate appearing for the Contemnor.

5. On perusal of record, it appears that this Court vide order dated 28th July, 2026 at paragraph-9 observed as follows: “9. In the event compliance affidavit is not filed on or before the next date of listing after receipt of the notice, the Contemnor shall remain present personally in Court on the next date of listing. Needless to indicate that the contemnor shall bear in mind the legal perspective as laid down by the Hon’ble Supreme Court of India as referred to hereinabove1”

5.1. As show cause affidavit has been filed indicating compliance of direction of this court though belatedly, no deliberate and wilful laches is attributable to the Contemnor/Commissioner-cum- Secretary to Government, Panchayati Raj and Drinking Water Department, Government of Odisha. Considering the contents of show-cause affidavit and accepting unconditional apology, this Court does not intend to proceed with the contempt any further. Accordingly, the contempt proceeding is hereby dropped.

Sanjiv Kumar Singh Vrs. the State of Bihar and others, (2023) LiveLaw (SC).63.

5.2. This Court further observed that since the compliance affidavit dated 26th August, 2026 has been filed and taking note of such affidavit, this Court has already dropped the proceeding, the personal appearance of Commissioner-cum-Secretary to Government, Panchayati Raj and Drinking Water Department, Government of Odisha is dispensed with and, accordingly, the Interlocutory Application, i.e., I.A. No.584 of 2026 is disposed of.

5.3. In view of the above, the contempt petition stands disposed of.

(M.S. Raman) Judge Laxmikant Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Aug-2026 17:38:38 Signature Not Verified