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Judgment
G. Satapathy, J
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
Mr. J.K. Rath, learned Sr. Counsel for the Petitioner submits that the Petitioner is aged about 73 years, but she is yet to get the fruit of the order passed on 31st August, 2010 by Orissa Administrative Tribunal, Cuttack Bench in T.A. No. 15(C) of 2008 which was confirmed by this Court on 01.08.2019 in WP(C) No. 6663 of 2012 and the Petitioner has filed two contempt petitions prior to this present Contempt petition and in the earlier Contempt Petitions, the Authorities concerned had undertaken to comply the order passed by the Tribunal. However, in the present Contempt Petitioner, OP No.3 has taken a plea that the order of the tribunal has not been implemented awaiting result of the Review petition.
On the other hand, Mr. S.N. Pattnaik, learned AGA in responding to the submission of Mr. J.K. Rath, learned Sr. Counsel, submits that since review petition is pending, the Authority concerned has not intentionally violated the spirit of the order passed by the tribunal and confirmed by this Court.
After having carefully heard the rival submissions, this Court is distressed to note that the Authority concerned are not implementing the order passed by the tribunal which was confirmed by this Court merely on the ground of pendency of review petition, but unless the order passed by the tribunal is set aside or varied, it remains operative and the authority being the model employer cannot escape from the responsibility to discharge its duty towards its employee and in this case, the employee being a lady who was working as Head Mistress had retired from service 15 years before, it is really painful and this Court expresses anguish for non-compliance of the order by the Authority concerned merely on the ground of pendency of review petition for the first time in third contempt petition.
In the aforesaid situation, this Court directs the learned AGA to obtain instruction positively from the Authority concerned by way of affidavit of concerned Authority as to whether they would comply the order passed by the tribunal within a reasonable time of four weeks or to indicate valid reason for not extending the benefit to the Petitioner, but such reasoning should not be the mere pendency of review petition which is pending since 2020 and there is no guarantee of success therein. The compliance affidavit be filed by next date, failing which appropriate order would be passed in this Contempt Petition.
List this matter on 30th November, 2023. A free copy of this order be supplied to learned AGA for compliance.
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