Md. Nurul Islam v. Harikrishna Pai (Ips) The Deputy Comm Of Police Port Division 1

25.04.2025 Item No.11 Court No.11 Avijit Mitra CPAN 1726 of 2024 in WP.ST 146 of 2024 Md. Nurul Islam - Versus - Shri Harikrishna Pai (IPS) Mr. Samim Ahammed, Mr. Arka Maiti, Ms. Ambiya Khatun ....for the petitioner Mr. Tapan Kumar Mukherjee, Ld. AGP, Ms. Ashmita Chakraborty .... for the contemnor The present contempt application has been preferred alleging violation of the order dated 18th July, 2024 passed in the writ petition being WP.ST 146 of 2024. By the said order the writ petition was disposed of directing the respondents to consider the representation submitted by the petitioner dated 12th April, 2023 upon granting an opportunity of hearing to the petitioner and to pass a reasoned order, in accordance with law. Mr. Ahammed, learned advocate appearing for the petitioner submits that the petitioner's claim was considered and rejected by an order dated 14th September, 2024 as annexed at page 21 to the contempt application.

Ms. Chakraborty, learned advocate appearing for the alleged contemnor submits that after the said order

dated 14th September, 2024 the authorities have passed a fresh order observing inter alia that the "claim of the petitioner for pension stands granted as per existing rules". Subsequent thereto, all necessary records and documents have been forwarded to the Office of the Accountant General (A&E), West Bengal vide Memo no. PD/10/PN dated 27th February, 2025 and the admitted amount would be paid to the petitioner forthwith. Let the written instruction, as produced, be kept on record.

It thus appears that the order passed by this Court has already been complied with and in view thereof, we are not inclined to proceed with the contempt application any further and the same is disposed of.

It is made clear in the event the petitioner is not disbursed the retiral benefits, as claimed, he would be at liberty to challenge such denial before the appropriate forum, in accordance with law.

There shall, however, be no order as to costs. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)