SRI DEBENDRANATH NANDA versus SHRI CHANDRA SHEKHAR KUMAR

SRI DEBENDRANATH NANDA versus SHRI CHANDRA SHEKHAR KUMAR

The appellant, despite High Court and government orders for suitable posting and parity with similarly placed persons, was denied relief due to departmental inaction. As he had reached age 60 by the time of the present proceedings, no direction for posting could be given. Instead, equivalent monetary benefits from 21.07.1999 are to be provided as compensation, and contempt proceedings against officials would serve no purpose.

Parties
Appellant: Sri Debendranath Nanda; Respondent: Shri Chandra Shekhar Kumar
Jurisdiction
India
Judgment Date
22 November 2012
Procedural Posture
Civil Appeal / Appeal From Final Judgment and Order Dated 21.07.2011 of the High Court of Orissa at Cuttack in CONTC No. 923 of 2010
Outcome
Appeal allowed to the stated extent.
Legal Topics
Adjustment of Surplus Employees, Contempt Proceedings, Non Implementation of Court Orders, Monetary Compensation for Non Posting
Service Law Contempt of Court Adjustment of Surplus Employees Contempt Proceedings Non Implementation of Court Orders Monetary Compensation for Non Posting

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Parties

Sri Debendranath Nanda

Appellant

Shri Chandra Shekhar Kumar

Respondent

Procedural Posture

Civil Appeal / Appeal From Final Judgment and Order Dated 21.07.2011 of the High Court of Orissa at Cuttack in CONTC No. 923 of 2010

Legal Issues

  1. 1 Whether the appellant is entitled to relief for non-implementation of High Court directions regarding posting/promotion.
  2. 2 Whether contempt proceedings should be taken against erring officials for non-compliance.

Ratio Decidendi

The appellant, despite High Court and government orders for suitable posting and parity with similarly placed persons, was denied relief due to departmental inaction. As he had reached age 60 by the time of the present proceedings, no direction for posting could be given. Instead, equivalent monetary benefits from 21.07.1999 are to be provided as compensation, and contempt proceedings against officials would serve no purpose.

Court Disposition

Appeal allowed to the stated extent.

Orders

  • Commissioner-cum-Secretary, Higher Education Department, Bhubaneswar, directed to assign suitable post and corresponding monetary benefits to the appellant w.e.f. 21.07.1999, to be settled within 3 months of receipt of judgment.
  • Appellant is entitled to cost of Rs. 25,000/- payable by the Education Department.