The Andaman And Nicobar Administration And ORS. v. Shri T.Ramu And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** MAT/13/2023 IA No. CAN/1/2023 The Andaman and Nicobar Administration and others Vs.

Shri T. Ramu and others Mr. Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the appellant/ Administration Ms. Anjili Nag .... for the respondent nos.1 to 9 Mr. Md.Tabraiz ... for the respondent no.11 Mr. V.D.Sivabalan ... for the respondent no.10 March 23, 2023 [SR] Item No.1 This is an appeal arose from an order dated March 03, passed in CPAN/9/2023 CAN/1/2023 in WPA/414/2022 by the Hon'ble Single Judge.

In the contempt proceeding before the Hon'ble Single Judge, Rule was issued against the alleged contemnors and was made returnable on a subsequent date.

While disposing connected interlocutory application, being CAN/1/2023, the Single Judge had observed as under:- "While considering the writ petition on 13th December, 2022, this Court has found that most of the wings of the Administration and bodies thereunder at the Islands, for decades, are carrying on business through Daily Rated Mazdoor (DRMs). The reason for the same is far too obvious. The Administration wants to avoid paying regular salaries and save money.

The Administration at the Islands does not create sanctioned posts even for the most essential and perennial work. The DRMs who serve the Administration and its agencies diligently, are treated like rag dolls and paid pittance. Against any prayer for permanent

absorption or engagement, Uma Devi defence, that their engagement is not against sanctioned posts, is flashed on their faces.

When the cries louder, some scheme with morsels is thrown at them.

The conduct of the Administration to say the least is unacceptable. It is in gross violation of the dicta of the Hon'ble Supreme Court and the Constitution of India. The Administration is responsible for social and economic injustice towards its Group-D employees.

It is essentially in the aforesaid backdrop that this Court had directed the Administration in its order dated December 13, 2022 to create posts. The question of any modification of the said order, therefore, does not and cannot arise.

Hence, CAN 1 of 2023 is dismissed."

The appeal was heard by this Court on four occasions including today, previously on March 15, 2023, March 21, 2023 and March 22, 2023, when orders were passed, which speak for themselves.

Pursuant to the direction made on March 21, 2023, the Andaman Administration had affirmed an affidavit on March 22, 2023. On perusal of the said affidavit, this Court had passed an order on March 22, 2023 and directed the Andaman Administration to file another affidavit by today. In terms of the said direction dated March 22, 2023, today, the Andaman Administration had affirmed an affidavit and filed the same.

The relevant averments made in the said affidavit are quoted below:- "(2) I state that the A & N Administration is prepared and willing to comply with the Judgment dated 13.02.2017 passed by Hon'ble Division Bench of the High Court at Calcutta, Circuit Bench at Port Blair in MAT No.46 of 2016 (The A & N Administration & Ors. Vs. Shri T.Ramu) and connected matters, by implementing the scheme framed and submitted by the High Court appearing at page 218 &219 of stay petition filed in the above appeal

read with the direction made in the Division Bench Judgement dated 13.02.2017 with a budgetary allocation of Rs.48.00 lakhs with effect from 01.04.2023.

(3) I further state that & N Administration is prepared and willing to pay the arrears payable in terms of the said Judgment dated 13.02.2017 till 31.03.2023.

(4) I state that the quantum of arrears required to be paid is to be communicated by the Registry, Hon'ble High Court, Circuit Bench at Port Blair, being the employer of the 09 Daily Rated Mazdoors (DRMs) in question.

(5) I state that the competent authority for approval of budgetary sanction viz.

Government of India, Department of Justice has by a letter bearing No.L18020/1/2010-Jus.I dated 20.03.2023 accorded sanction for budgetary allocation. The A & N Administration shall seek such further sanction or approval as may be required to give effect to the directions contained in the order passed by the Hon'ble Division Bench.

(6) I humbly request the Hon'ble Court to kindy accept the present affidavit."

In view of the above statements made by the Andaman Administration in the said affidavit affirmed on March 23, 2023, we dispose of the instant appeal with connected applications and the contempt proceeding with the following directions:

(i) The Registrar and/or appropriate department in consultation Accounts Department of the High Court establishment shall calculate the arrears to be paid to the concerned beneficiaries of the judgment and order dated February 13, 2017 in strict compliance of the directions made thereunder till March 31, 2023.

(ii) Such quantification/calculation shall be carried out and completed, as directed above, positively within a period of two months from date.

(iii) The High Court Administration, then, shall communicate the said quantification to the Andaman Administration within a further period of two weeks from the date of completion of such quantification.

(iv) The Andaman Administration, then, after receiving the said quantification from the High Court Administration, shall obtain and cause necessary financial arrangements for making payment of the arrears positively within a period of three months from the date of receipt of quantification from the High Court Administration. The Andaman Administration shall also communicate its steps taken by them to the High Court Administration in this regard.

(v) The Andaman Administration, then, shall forthwith release the arrears in favour of the Registrar of the concerned Circuit Bench positively within a period of one month immediately, after the said three months, as mentioned in the preceding clause.

(vi) The Registrar, then, shall disburse the same in favour of the beneficiaries of such amount strictly, in accordance with law, following the dictum of the Division Bench.

Save as above, it is already assured to this Court by the Andaman Administration that the scheme shall be implemented strictly, in terms of the Division Bench judgment and order dated February 13, 2017 and in terms of the statements made by the Andaman Administration in its affidavit affirmed on March 23, 2023.

Mr. V.D.Sivabalan, learned counsel represented the Under Secretary, Ministry of Law and Justice, Union of India. It is needless to mention that the Department of the said Ministry shall render all possible cooperation and assistance at every stage to implement the said scheme.

On the above terms, the instant appeal, being MAT/13/2023, with all connected applications and the contempt proceeding, being CPAN/9/2023 all connected applications stand disposed of.

There shall, however, be no order as to costs. ( Abhijit Gangopadhyay, J. ) ( Aniruddha Roy, J. )