Sumantra Chowdhury & ORS v. Manish Jain

CPAN 80 of 2020 CAN 1 of 2020 (old CAN 5513 of 2020) Item-1.

23-06-2023 CAN 2 of 2020 (old CAN 5515 of 2020) Sumantra Chowdhury & Ors.

sg Ct. 8

Versus

Manish Jain & Ors.

In MAT 1856 of 2019 CAN 3 of 2020 (old CAN 391 of 2020) CAN 4 of 2020 (old CAN 392 of 2020) Mr. Shuvro P. Lahiri, Adv.

Mr. Rajesh Naskar, Adv.

...for the petitioners Ms. Chaitali Bhattacharyya, Adv.

Mr. Mrinal Kanti Ghosh, Adv.

...for the alleged contemnors Mr. Arup Sen Gupta, Commissioner of School Education, Government of West Bengal is present in Court with an affidavit disclosing compliance of the order dated 23rd December, 2019. The learned Counsel appearing on behalf of the petitioners submits that the order has been technically complied with and he did not dispute that the petitioners have received the arrear salary in terms of the order passed by the learned Single Judge. However, the grievance of the petitioners appears to be that the amounts that are payable subsequent thereto, have not been fully paid.

However, we are not deciding the said issue. We only observe that in the event any amount is due towards salary, the respondent authorities shall take such note into consideration and if any amount is due and payable, may disburse the said amount in accordance with law.

The aforesaid direction is only an observation as we have

not gone into the question whether the amounts claimed by the petitioners are payable to the petitioners as argued on behalf of the petitioners.

The affidavit of compliance with apology is accepted and the same is taken on record.

The personal appearance of Mr. Arup Sen Gupta is, thus, dispensed with.

The petitioners are directed to serve a copy of the contempt application along with a copy of the list of dates upon Ms. Chaitali Bhattacharyya, learned Counsel for the alleged contemnors in course of the day.

The contempt application is, thus, disposed of. In view of the disposal of the contempt application, all connected applications are, accordingly, disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Bibek Chaudhuri, J.) (Soumen Sen, J.)