Kamdeb Mondal v. Birbhum District Primary School Council

09.02.2024 Ct. No. 15 adeb W.P.A. 14394 of 1983 Kamdeb Mondal Vs.

Boneswar Maddy & Ors.

Ms. Sima Ghosh Mr. Sanjay Patra ....for the Applicant Mr. Jayanta Samanta Mr. Soumyajit Ghosh ...for the alleged Contemnors Affidavit-of-service filed on behalf of the applicant is taken on record.

The contempt matter is taken up for consideration pursuant to the order dated 19th January, 2024 in presence of the learned advocates representing the applicant and alleged contemnors.

The grievance of the petitioner is non-payment of arrear salary for the period from October, 1983 to 5th March, 1992 in terms of the order of the coordinate Bench dated 3rd March, 1992 passed on the writ petition being CO 14394 (W) of 1983.

Mr.

Jayanta Samanta, learned advocate representing the alleged contemnors files certain documents which are taken on record. It has also been submitted on behalf of the alleged contemnors that the arrear salary to the tune of Rs. 97,388/- was sanctioned by the alleged contemnors and paid to the petitioner on 6th February, 2024.

However, the learned advocate representing the applicant submits that petitioner is entitled to interest due to delayed payment of arrear salary which has been released in terms of the order dated 3rd March, 1992. Having considered the submissions made on behalf of the parties and the documents which have been placed before this Court for consideration it appears that petitioner has received arrear salary for the period from October, 1983 to 5th March, 1992 and the total sum towards such arrear salary is Rs. 1,22,388.20 and on adjusting Rs. 25,000/-, Rs. 97,388/- has been paid to the applicant.

The learned advocate for the applicant also submits that the applicant has received such payment on 6th February, 2024 and Rs. 25,000/- was paid to the applicant after the order was passed on 3rd March, 1992. In view of release of arrear salaries it appears that the order dated 3rd March, 1992 stands complied with. Accordingly, the contempt application is disposed of and contempt proceeding stands discharged. If, applicant has grievance relating to non-payment of interest on arrear dues due to delayed payment, applicant shall be at liberty to take steps in accordance with law.

Learned advocate representing the applicant is granted leave to amend the cause title of the contempt application in order to add present District Inspector of

Schools (PE), Birbhum as additional alleged contemnor in course of this day.

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

(Saugata Bhattacharyya, J.)