Miss Abha Ukil v. State Of West Bengal And ORS.

Ct-08 ar 28.03.2024 CPAN 303 of 2024 in MAT 1987 of 2023 Miss Abha Ukil Vs.

Mr. Prantosh Maity, The District Inspector of Schools (P.E), Paschim Medinipur & Anr.

Mr. Prasanta Behari Mahata Mr. Lalratan Mandal Mr. Dilip Kumar Sandhu ... For the Applicant/Appellant Mr. Supriyo Chattopadhyay, Ld. AGP Ms. Tapati Samanta ... For the alleged contemnor no. 1

1. In view of our earlier order, affidavit of compliance has been filed on behalf of the alleged contemnor no. 1 and the same is taken on record.

2. The alleged contemnor in the affidavit of compliance has disclosed the reason for not realizing the arrears amount from 2010 on the ground that the appellant/applicant was not eligible for family pension at the relevant point of time having regard to his income criteria.

3. In view of the aforesaid, we dispose of the contempt application being CPAN 303 of 2024 by recording compliance of our order. However, with regard to the claim of the applicant for arrears has not gone into in this contempt proceeding. It will be open for the applicant/appellant to pursue her legal remedies for realization of such arrears, if the applicant is otherwise entitled to in accordance

with law.

4. We make it clear that we have not gone into the merit of the Circular, on the basis of which the State/alleged contemnor no.1 has denied arrears family pension with effect from 13th April, 2010. (Soumen Sen, J.) (Uday Kumar, J.)