Bharat Chandra Bera v. Rikta De

14.07.2022 Item No.6 Court No.6.

AB WPCRC 46 of 2018 In WPA 34436 of 2014 With I. A. CAN 1 of 2018 (Old CAN 8938 of 2018) (CAN NOT FOUND) Bharat Chandra Bera -VsRikta De & Anr.

Mr. Sujit Kr. Rath, Mr. Tanmoy Chowdhury ...for the Petitioner.

Mr. Shamim ul Bari ...for the alleged Contemnors.

Read order dated June 30, 2022.

Today, a memo bearing no. 320/Law dated 30.6.2022 issued by the District Inspector of Schools (SE), Calcutta to the President/Secretary/ Administrator of Puddopukur Institution (HS), 44, Sarat Bose Road, Kolkata - 69 has been handed up to me. This is a letter of approval of appointment of the writ petitioner in the post of peon notionally with effect from December 29, 2014 and financially with effect from June 30, 2022, against a permanent vacancy. The petitioner says that by the order dated December 29, 2014, whereby WP No.34436 (W) of 2014 was disposed of by directing the District Inspector of Schools (SE), Calcutta to approve the

appointment of the writ petitioner as peon in a vacant post within three months from the communication of the order, must be read as a direction for granting financial approval with effect from the date of that order.

I am not prepared to go into that question. The order of which violation is alleged in this contempt application does not mention any date from which approval, notional or financial, was to be effected. However, if the petitioner is in any manner aggrieved with the memo of approval that has been handed up in Court today, he will be at liberty to challenge the same in accordance with law before the appropriate forum. Rule is discharged.

WPCRC No.46 of 2018 is, accordingly, disposed of.

A copy of the memo dated June 30, 2022 referred to above, be kept with the records.

Urgent Photostat Certified copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

( Arijit Banerjee, J.)