Anima Das (Saha) v. Manoj Pant The Secretary Assistant

S/L 1 01.4.2022 Court No.29 SD/Saswata CPAN 1120 of 2019 Smt. Anima Das (Saha) & Anr.

Vs.

Mr. Manoj Pant & Ors.

In WPST 143 of 2017 Mr. B.P. Mondal Mr. Sukanta Mondal ... for the Petitioners.

Mr. Anirban Ray Mr. Raja Saha Mr. Nilotpal Chatterjee ... for the alleged contemnors.

The petitioners complain of violation of the order dated July 9, 2018 passed in WPST 143 of 2017. Affidavits filed in Court be taken on record. By the order dated July 9, 2018, the Hon'ble Court directed the State-respondents to appoint the petitioner no.1 in terms of the communication relating to approval of a prayer dated April 25, 2009.

The direction was subject to compliance of necessary formalities.

The petitioner no.1 initially wanted the appointment to be made in favour of her son. The prayer for compassionate appointment was allowed in favour of the petitioner no.1 subject to the compliance of the formalities. The question of allowing her son to obtain compassionate appointment does not arise.

It is submitted on behalf of the State that the educational qualification certificate submitted by the petitioner no.1 was sent for verification whereupon, the Intelligence Bureau informed the State that the certificate was forged.

So far as the petitioner no.1 is concerned, it transpires that the authorities could not grant her compassionate appointment in view of her failing to produce relevant evidence establishing her educational qualification. Even today, the petitioner no.1 is not in a position to produce such documents.

In such circumstances, we are of the view that the respondent authority could not be held guilty of committing any court of contempt or getting any violation of the order dated July 9, 2018.

Consequently, CPAN 1120 of 2019 is disposed of. (Debangsu Basak,J.) (Shampa Sarkar, J.)