- (1.) Leave granted.
(2.) This appeal is filed against the final judgment and order dated 21.07.2011 passed by the High Court of Orissa at Cuttack in CONTC No. 923 of 2010 whereby the Division Bench dropped the contempt proceeding filed by the appellant herein against the Respondent herein.
(3.) Brief Facts: a) On 03.02.1976, Sri Debendranath Nanda - the appellant herein was originally appointed as Sanskrit Pandit (Shastri Pandit) in Adarsa Ayurveda Vidyalaya, Cuttack, a Government Aided Institution. The appellant herein got promoted to the rank of Acharya Pandit w.e.f. 31.01.1987 in order to teach students of Acharya classes. His promotion to the post of Acharya Pandit was approved by the State Government vide Order dated 06.12.1994 w.e.f. 31.01.1987. b) In the year 1984, the State Government took a policy decision to introduce 10+2+3 pattern of education in Sanskrit Institutions functioning in the State of Orissa. Accordingly, Upa-shastri (+2 standard) was introduced in Acharya Institutions. c) In the year 1987, the State Government introduced Shastri courses (+3 degree course) in the Sanskrit Institutions in the State of Orissa and it was also decided that the Acharya Courses which is equivalent to M.A. Degree will be taught only in the Departments of Sanskrit University and the said decision was to be implemented w.e.f. Academic Session 1987-1988. In pursuance of the same, the State Government, vide order dated 19.10.1987, decided that the institutions where Acharya Courses were taught up to the Academic Session 1986-87 and the teachers having Acharya qualification which is equivalent to M.A. Degree will be adjusted against the post of Lecturers which will be created for Upa-Shastri and Shastri courses in those institutions according to the staffing pattern prescribed by the Government. d) In the year 1988, Sri Jagannath Sanskrit Vishwa Vidyalaya (Sanskrit University) took a decision to abolish Acharya Courses from the Sanskrit Institutions and it was decided that the same will be taught at the University level only. In pursuance of the said decision, Acharya Courses were abolished from Sanskrit Institutions in the State of Orissa w.e.f. 1991. Consequently, the State Government took a decision to adjust surplus Acharya Pandits teaching Acharya Courses as Sanskrit Lecturers in Upa- Shastri and Shastri Institutions run by the State Government or in the Aided Institutions imparting 10+2+3 education in Sanskrit. Since the appellant herein was found to be surplus in the Adarsa Ayurveda Vidyalaya, Cuttack, the State Government, vide order dated 16.03.1995, adjusted him against the existing vacancy of Head Pandit in Government Sanskrit Institution, Baripada. e) The appellant herein represented before the State Government for his adjustment against the existing vacant post of Lecturer in Sanskrit Sahitya. Vide communication dated 29.09.1995, Addl. Secretary to Government of Orissa recommended his case to the Director, Secondary Education, Orissa for adjustment in the light of the order dated 19.10.1987 against the said vacancy. During the pendency of the said representation, vide Order dated 06.06.1996, the State Government cancelled the order dated 16.03.1995 and the appellant was directed to join his former place of posting at Adarsa Ayurveda Vidyalaya, Cuttack and the arrear dues payable on account of salary for the intervening period from 04.05.1995 to the date of joining in Government Sanskrit Institution, Baripada to the date of joining in Adarsa Ayurveda Vidyalaya, Cuttack had to be paid by the latter from out of the provisions of grant-in-aid and also that the above period will be treated as service spent on duty in Adarsha Ayurveda Vidyalaya, Cuttack. f) Aggrieved by such cancellation and non-payment of salary for the abovesaid period, the appellant herein filed Original Application No. 1604 of 1996 before the Orissa Administrative Tribunal, Bhubaneshwar. The Tribunal, vide order dated 10.07.1996, admitted the O.A. and stayed the cancellation order dated 06.06.1996 and directed the appellant herein to continue in the Government Sanskrit Institution, Baripada. In pursuance of the said interim order, the State Government, vide order dated 21.11.1996, withdrew the departmental letter dated 06.06.1996 and requested the Director, Secondary Education, Bhubneshwar to hand over the charge of the office of the Head Pandit, Government Sanskrit Institution, Baripada to the appellant herein immediately. The Tribunal, vide final order dated 21.05.1997, dismissed OA No. 1604 of 1996 holding that a teacher of the Aided Educational Institutions cannot be promoted to the post in Government Educational Institutions even though the State Government is paying salary of a teacher under direct scheme and cancelled the promotion of the appellant herein. g) Being aggrieved by the said order, the appellant herein filed a petition being OJC No. 8397 of 1997 before the High Court. By order dated 21.07.1999, the High Court disposed off the petition directing the State Government to consider the case of the appellant herein following the judgment rendered in a similar case, viz., Smt. Kabita Manjari Kar vs. State of Orissa & Ors. (O.J.C. No. 1667 of 1992 disposed of on 27.04.1995) of the same High Court. h) After several rounds of litigation including filing of various applications before the High Court for the implementation of its order dated 21.07.1997, various communication with the State Government, Department of School and Mass Education, filing of contempt proceedings before the High Court and lastly, the High Court, in CONTC No. 923 of 2010, by impugned order dated 21.07.2011, dropped the contempt proceeding against the respondent herein on the ground that the appellant herein has completed 58 years of age and the dispute as to whether the appellant herein has retired from service or has to continue beyond 58 years cannot be decided in a contempt proceeding. i) Aggrieved by the said decision, the appellant herein has preferred this appeal by way of special leave petition before this Court.;