Sumon Mandal v. Amarendranath Sil District Inspector Of Schools Se Berhampore

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.C.R.C. 167 of 2023 in W.P.A. 6130 of 2018 Sumon Mandal VS Amarendranath Sil Mr. Raju Mondal .... For the petitioner Mr. Bhaskar Prasad Vaisya Mr. Suman Dey .... For the contemnor This is a contempt proceeding arose from the Court No. 22 22.9.2023 (Item No. 4) (AB) order of this Court dated June 7, 2023 at page 12 to the contempt application. The relevant direction is quoted below:

"The respondent No. 3 shall take all further and consequential steps to allow the petitioner to obtain the higher scale of pay as discussed above positively within a period of three weeks from the date of communication of this order. The relevant school authority shall consequently release the necessary payment in favour of the petitioner forthwith."

The direction had two parts. The first part has been complied with by the alleged sole contemnor. Today Mr. Suman Dey, learned counsel appearing for the contemnor has made over a copy of the communication dated September 11, 2023 issued by the alleged contemnor addressed to the School Authority, the same is taken on record. From the said communication it appears that, necessary

pay scale has been granted to the petitioner and the School Authority was requested to make necessary arrangement for fixation of pay in terms of the said communication.

This communication shows that, the alleged contemnor has performed its obligation and duties as directed by this Court hence, this contempt proceeding stands dropped as against the alleged contemnor.

The second part of the direction is required to be complied with by the relevant School Authority, for which if the same is not complied with, the petitioner shall be at liberty to take recourse to law in accordance with law. The alleged contemnor (Sri Amar Kumar Seal, District Inspector of Schools, District - Murshidabad) is present in person in Court today, his further personal appearance stands dispensed with since the direction has been complied with on his part.

With the above observation, this contempt proceeding W.P.C.R.C. 167 of 2023 stands dropped and the application stands disposed of with the liberty granted to the petitioner mentioned above.

(Aniruddha Roy, J.)