SUDHAMAYEE DASH Vs. COMMISSIONER-CUM-SECRETARY AND OTHERS

JUDGEMENT

(1.) This writ petition is under Articles 226 and 227 of the Constitution of India whereby and where under the order passed by the Odisha Administrative Tribunal,Cuttack Bench, Cuttack dated 5.1.2017 passed in C.P.No.378(C) of 2015 arising out of O.A.No.2072(C) of 2014 has been assailed on the ground that the Tribunal while dropping the contempt proceeding has not appreciated the entire aspect of the matter into consideration even though the order passed by it in O.A.No.2072(C) of 2014 has not been complied with in its letter and spirit.

(2.) Brief facts of the case of the petitioner is that the petitioner joined as Anganwadi Worker in Athagarh I.C.D.S. Project on 20.2.1982 and working as such from 29.6.1990 in Cuttack City I.C.D.S. Project, Cuttack. While she was working as Anganwadi Worker in the district of Cuttack vide order dated 5.2.2008 ignoring the her case for promotion by treating her date of appointment as 26.2.1982 instead of 20.2.1982 and as such juniors have been granted promotion. The petitioner being aggrieved with the decision of the Collector,Cuttack has filed writ petition being W.P.(C) No.6328 of 2009, W.P.(C) No.14851 of 2010 and finally W.A.No.246 of 2012, the writ appeal Court vide its order dated 11.2.2014 has directed the opposite parties to give promotion to the petitioner to the post of Lady Supervisor from the date when juniors have been given such promotion.

(3.) On the other hand, learned counsel representing the opposite parties-State has vehemently opposed the prayer of the petitioner forcefully making his argument that the order passed by the Tribunal in O.A.No.2072(C) of 2014 has fully been complied with since the Tribunal has disposed of the original application by directing the authorities to extend benefit in favour of the petitioner as per the direction passed by this Court in W.A.No.246 of 2013, in the writ appeal this Court has directed to grant the petitioner promotion from the date when her juniors have been granted promotion taking into consideration the fact that she was to retire in the month of April,2014 and as such she may get benefit of the promotional post after her retirement and further his position in the seniority list has also been directed to be corrected which has already been complied with by the authority by placing her in the appropriate place. Since there is no direction passed by this Court in W.A.No.246 of 2013 for making payment of arrears of differential salary from 5.2.2008 to 22.4.2014, the period under which the petitioner has discharged her duty as Anganwadi Worker because of the reason that Anganwadi Worker being not a regular post rather it is contractual engagement on the basis of payment of honourarium as fixed by the Government from time to time, hence she cannot claim regular scale without discharging her duty as Lady Supervisor. He further submits that the proceeding under the Contempt of Courts Act, there must be specific direction by the court of law but there is no such direction either by the Tribunal or by this Court for making payment of arrears of differential salary for the non-functioning period and as such the Tribunal has rightly dropped the contempt proceeding.