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Calcutta High CourtCPAN/454/2020disposed

Samar Kr Manna v. Khalid Aizaz Anwar

2022-05-18Hon'Ble Justice Moushumi Bhattacharya2 pages

18.05.2022 sayandeep Sl. No. 03 Ct. No. 05 CPAN 454 of 2020 in WPA 7433 of 2019 Samar Kr. Manna -Versus- Mr. Khalid Aizaz Anwar Mr. Soumik Ganguli Mr. Subir Sabud ..... for the petitioner Mr. Bhaskar Prasad Vaisya Mr. Suman Dey .... for D.P.P.G.

Learned counsel appearing for the alleged contemnor No. 1 submits that the order passed by this Court on 21.08.2019 by which the alleged contemnor no. 1 was directed to consider the case of the petitioner afresh and come to a finding with regard to the petitioner's rightful entitlement within a certain time frame, shall be complied with within a week from the date on which the District Inspector sends pension papers to the office of the alleged contemnor No. 1. The D.I. is the alleged contemnor No. 2 and has been served with a copy of this petition but remains unrepresented.

Learned counsel appearing for the petitioner refers to an order of 12.05.2022 passed by the alleged contemnor No. 1 which refers to a memo which was set aside by the order dated 21.08.2019. Counsel submits

that this order is in continuation with the contempt proceedings.

After hearing learned counsel and considering the order passed by alleged contemnor No. 1 dated 12.05.2022, it appears that alleged contemnor No. 1 has more or less replicated the observations which were earlier quashed by this Court.

It is made clear that the alleged contemnor No. 1 shall comply with the order passed by this Court on 21.08.2022 and not rely on any observations to deter from the compliance as directed above. The alleged contemnor No. 1 shall release the retiral dues of the petitioner as if the observations made in the order of 12.05.2022. The D.I., Pension Section Authority as submitted by alleged contemnor No. 1, is directed to send the pension papers of the petitioner to the alleged contemnor No. 1 within 25.05.2022, if there is any delay on the part of the D.I., the petitioner shall be at liberty by moving the vacation Bench of this Court. CPAN 454 of 2020 is disposed of in terms of this order.

(Moushumi Bhattacharya, J.)