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Calcutta High CourtCPAN/924/2014disposed

Sulekha Das v. Dr Purabi Nandi

2022-12-16Hon'Ble Justice Saugata Bhattacharyya2 pages

CPAN 924 of 2014 rkd 16.12.2022 Ct.15 In W.P.A. 19063 of 2013 Sulekha Das -vsState of West Bengal & Ors.

Mr. Ekramul Bari, Ms. Tanuja Basak ....for the applicant.

Mr. Supriyo Chattopadhyay, Mr. Suman Dey ....for the State.

The contempt application is taken up for consideration pursuant to the order dated 4th November, 2022 in presence of the learned advocates representing the applicant and alleged contemnors.

The affidavit of compliance filed on behalf of the alleged contemnor affirmed on 8th December, 2022 is taken on record.

It has been disclosed in the affidavit of compliance that alleged contemnor by issuing memo dated 8th December, 2022 being no.395(4)- Law has sanctioned postgraduate scale of pay in favour of applicant from the date following the last date of M.A. Part-II Examination along with arrears. In view of issuance of this memo dated 8th December, 2022 and sanction of postgraduate scale of pay in favour of the applicant it appears that the

order passed by the coordinate Bench on 11th July, 2013 stands complied with.

Accordingly, contempt application stands disposed of and contempt proceeding stands discharged.

However, the alleged contemnor is directed to release the arrear benefits and current benefits due to sanction of postgraduate scale of pay in favour of the applicant within a period of six weeks from the date of communication of this order. It has been rightly pointed out by Mr. Bari, learned advocate representing the applicant that in the affidavit of compliance the alleged contemnor has not expressed unconditional apology in causing delay in complying with the order of this Court dated 11th July, 2013; such departure on the part of the alleged contemnor is seriously viewed and the said alleged contemnor is cautioned that in future if same thing recurs appropriate order shall be passed by the Court.

(Saugata Bhattacharyya, J.)