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Calcutta High CourtCPAN/448/2025disposed

Nikhil Karmakar v. Dhaval Jain Ias Municipal Commissioner Kmc

2025-07-30Hon'Ble Justice Partha Sarathi Sen2 pages

S/L 2 30.07.2025 Court. No. 19 Sourav CPAN 448 of 2025 In WPA 6283 of 2022 Nikhil Karmakar Vs.

Shri Dhaval Jain Mr. Krishna Das Poddar Mr. Surajit Maity Ms. Mandira Barman ... for the petitioner.

Mr. Alak Kr. Ghosh Mr. Arijit Dey ... for K.M.C.

1.

At the time of hearing, Mr. Poddar, learned advocate appearing on behalf of the writ petitioner draws attention of this Court to the judgment and order dated 06.02.2024 as passed by this Court in WPA 6283 of 2022.

2.

It is submitted by Mr. Poddar that though a reasoned order is passed, however, the said order is not according to the true spirit of the said judgment and order dated 06.02.2024.

3.

Such contention is refuted by Mr. Ghosh, learned advocate appearing on behalf of the K.M.C. by saying that from the minutes of the meeting dated 08.05.2025, it would reveal that the K.M.C. authorities have passed a reasoned order by holding that there is no provision for granting pensionary benefit for employees with less than ten years of regular service in K.M.C. in the permanent post and further since none of the incumbents concerned

have fulfilled the eligibility criteria, they are not entitled to get pensionary benefits.

4.

On perusal of the entire materials as placed before this Court, this Court is of considered view that the alleged contemnor has substantially complied with the judgment and order dated 06.02.2024 as passed by this Court in WPA 6283 of 2022.

5.

With the aforementioned observations, the instant contempt application being CPAN 448 of 2025 is disposed of.

(Partha Sarathi Sen, J.)