Kabita Ganguly v. Kaushik Halder And ORS

CPAN 914 of 2023 in WPA 12537 of 2017 04.

bd.

22.09.2023 Ct.15 Kabita Gangully -vs- Shri Kaushik Halder & Ors.

Mr. Tapas Maity ... for the petitioner/applicant. Mr. Sanjib Das ... for the alleged contmnors. The contempt application is taken up for consideration alleging violation of the order dated 16th June, 2022 passed on the connected writ petition being WPA 12537 of 2017. Considering the case made out in the contempt application this Court finds that final order was passed on the writ petition on 16th June, 2022 directing the concerned respondent authorities to issue revised pension payment order taking into consideration the pay which the petitioner has enjoyed in post graduate scale till the date of superannuation of the petitioner on 30th April, 2015.

Learned advocate representing the applicant has drawn attention of this Court to a memorandum dated 6th December, 2022 issued by the concerned respondent authorities whereby pension of the petitioner has been revised and was fixed based on post graduate scale of pay.

It has further been submitted on behalf of the petitioner/applicant that though revised pension payment order has been issued in terms of

the direction as contained in the order dated 16th June, 2022 but petitioner disputes quantification of amount which was paid to the petitioner towards gratuity and arrear pension.

In view of issuance of revised pension payment order vide memo dated 6th December, 2022 this Court finds that the order dated 16th June, 2022 passed by this Court is complied with.

Accordingly, it further appears to this Court that there is no contempt on the part of the alleged contemnors/respondents. Therefore, the contempt application stands dismissed.

However, this order shall not preclude the petitioner/applicant to take steps in accordance with law questioning quantification of gratuity and arrear pension which were paid to the petitioner based on revised pension payment order dated 6th December, 2022.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)