Mamata Desai v. Abhijit Kukherjee

10 16.6.2023 Sc Ct. no.22 WPCRC 74 OF 2023 Arising out of CPAN 244 OF 2023 in WPA 17112 OF 2022 -------------- Smt. Mamata Desai Vs.

Mr. Abhijit Mukherjee, Special Commissioner, Pension Sanctioning Authority, Department of Higher Education, Government of West Bengal Mr. Krishnendu Bera Ms. Debolina Chakraborty.

.....For the Petitioner Mr. Amitava Chowdhury Mr. Tapas Kr. Dey.

.....For the Contemnor Mr. Malay Singh Mr. Neelam singh.

....For the State Mr.

Amitava Chowdhury, learned counsel appearing for the alleged contemnor sought for leave to file his client's affidavit-in-opposition affirmed on May 19, 2023.

Such leave is granted. The said affidavit-inopposition is taken on record. Mr. Krishnendu Bera, learned advocate for the petitioner sought for leave to file his clients affidavit-inreply, affirmed on July 14, 2023. Such leave is granted. The said affidavit-in-reply is taken on record.

Mr. Krishnendu Bera, learned advocate appearing for the petitioner submitted that, the situation arose today cannot be adjudicated through this contempt petition any further as a new set of calculation of amount has been provided to the petitioner and the petitioner is aggrieved thereunder.

Learned advocate for the petitioner, in his usual fairness, had submitted that, in such a situation he will have to challenge the new set of calculation under the Memo No.158L/IC-335L/2022 at page 84 to the affidavit-in-opposition affirmed on May 19, 2023. In view of the above, this contempt proceeding WPCRC No.74 of 2023 arising out of WPA 17112 of 2022 stands dropped.

The rule issued in the proceeding stands discharged.

The petitioner shall be at liberty to proceed to challenge the subject memo as referred to above in accordance with law.

(Aniruddha Roy, J.)