P.V.Krishnan v. Sanjay Mitra And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CPAN/32/2017 P.V. Krishnan Vs.

Sanjay Mitra and others Mr. Rajinder Singh ... for the petitioner Mr. V.D.Sivablan ...

for the respondent/contemnor with (OLD No.CAN/086 of 2017) IA No.CAN/1/2023 In WP.CT/117/2017 The Union of India and others Vs.

Shri P.V.Krishnan Mr. V.D.Sivablan ... for the applicants Mr. Rajinder Singh ... for the respondent December 19, 2023 [SR] Item No.1 We have closely scrutinized the order of this Bench dated 12th June, 2017. We have also examined the application made on or about 24th July, 2017 by the petitioner for modification of that order.

It appears from that application is that a total amount of Rs.28,871/- was deducted on account of Half Pay Leave (HPL) and Extraordinary Leave (EOL).

It may be noted that on that account Rs.8598/- had been paid, after the order dated 19th December, 2018. Furthermore, according to a communication dated 19th November, 2018 issued by the Coast Guard, Headquarters, New Delhi to the Commander {CSO(P&A)}, Coast Guard Region (A&N), Port Blair with which was attached a statement stating

that the petitioner was entitled to get a much lesser amount on account of his medical treatment in Port Blair for cataract operation. This amount has not been paid.

Both the calculations are disputed by the petitioner. Other than this, we find there is substantial compliance with the said order of this Division Bench dated 12th June, 2017 read with the subsequent order dated 19th December, 2018. The question of calculation of the above admissible amount is left to the applicant No.6 in the application for modification (CAN/086/2017), the Principal Controller of Defence Accounts, Coast Guard Section, No.1, Coopeerage Road, Mumbai-39, who shall, if referred to him by the petitioner, within four weeks of such reference, decide the extra amount, if any, payable to him on account of leave and medical treatment.

The authorities shall make payment to the writ petitioner in terms of the said decision within four weeks of communication of the decision.

The application for contempt (CPAN/32/2017) and the connected application for modification of order dated 12th June, 2017 are disposed of accordingly modifying the order dated 12th June 2017 and 19th December, 2018 to the above extent without taking any steps in contempt.

( I.P.Mukerji, J.) ( Shampa Dutt (Paul), J. )