Samir Kumar Mukherjee & ORS v. Rajiva Sinha & ORS

CPAN 286 of 2020 11-13.

sg 08-04-2022 Samir Kumar Mukherjee & Ors.

Ct. 8

Versus

Rajiva Sinha & Ors.

With WP.ST 1202 of 2008 CAN 1 of 2013 (old CAN 1119 of 2013) Samir Kumar Mukherjee & Ors.

Versus

State of West Bengal & Ors.

With WP.ST 186 of 2009 The State of West Bengal & Ors.

Versus

Samir Kumar Mukherjee & Ors.

Mr. Bikash Ranjan Neogi, Adv.

Ms. Ananya Neogi, Adv.

Mr. Guddu Singh, Adv.

...for the petitioners Mr. Tapan Kumar Mukherjee, AGP Mr. Pinaki Dhole, Adv.

Mr. Somnath Naskar, Adv.

...for the alleged contemnors On the basis of the submission made on behalf of the alleged contemnors that the order has been complied with and a Circular of the Transport Department dated 6th April, 2022 is produced before this Court to show that the petitioners were sanctioned Pay Scale of Rs.425-1050 in the post of Traffic Surveyor Grade-I under WBS(ROPA) Rules, 1981 w.e.f. 01.04.1981 and the corresponding revised Pay Scale as per WBS(ROPA) Rules, 1990 and the CAS benefits, we dispose of the contempt application by recording the compliance of the said

order.

The learned Counsel for the applicants submits that money has not yet been received by the applicants.

Mr. Mukherjee, learned Additional Government Pleader submits that since the account number of the heirs of the deceased (substituted petitioner) has not been made available, a direction may be passed upon the petitioners to furnish the required bank details.

The petitioners are directed to furnish the required bank details upon the concerned authority within one week from date and all remittances shall be made as admissible in terms of the Circular dated 6th April, 2022 within a week thereafter. Although we express our unhappiness for the delayed compliance of the order, however, having regard to the fact that the alleged contemnor no.4 is personally present and he has tendered apology and also having regard to the fact that Mr. Mukherjee had submitted that the alleged contemnor nos. 2 and 3 have expressed their apology for not being able to comply with the order within the stipulated time, such apologies are accepted. We make it clear that in the event the payments are not received in terms of this order within two weeks from date, the applicants shall be entitled to mention this matter and orally pray for recalling of this order.

The Order dated 6th April, 2022 issued by the Transport Department is kept with the record.

(Saugata Bhattacharyya, J.) (Soumen Sen, J.)