Mr. T.Samsuddeen And ORS. v. Shri Kesav Chandra, Ias And ANR.

Court No. 11 G.S.Da s 19.06.2023

IN THE HIGH COURT AT CALCUTTA

In The Circuit Bench At Port Blair (Appellate Side) CPAN 17 of 2023 With CAN 1 of 2023 Mr. T. Samsuddeen & Ors.

-VsShri Kesav Chandra, IAS & Anr.

In MA 12 of 2022 [ The Lt. Governor & Ors.

-VsA. P. Abdul Aziz & Ors.

Mr. Gopala Binnu Kumar ... for the Petitioners Mr. Satadru Chakraborty Mr. Dibesh Dwivedi Mr. Ramendu Agarwal ... for the A&N Administration Party/Parties is/are represented in the order of their name/names as printed above in the cause title. The alleged Contemnors by taking out this application, being CAN 1 of 2023, have sought for recalling of the Order dated 12th June, 2023. By the Order dated 12th June, 2023, this Bench directed the alleged Contemnor No.1/the Chief Secretary, A & N Administration and the alleged Conemnor No.2/the Director of Education/A&N Administration at Port Blair, to personally appear

before this Court today.

Soon after the Order dated 12th June, 2023 was passed, the alleged Contemnors, have come up before this Bench with the aforesaid application.

The contempt application has been preferred by the respondents/writ petitioners for violation of the order passed by this Bench on 23rd November, 2022 in MA 12 of 2022.

By the Order dated 23.11.2022 the order passed by the Learned Single Judge was modified to the following extent:

"Accordingly, the petitioners/Administration shall strictly comply with the Order of the Hon'ble Single Bench dated 27th of July, 2022 applicable till the month of October, 2022. On and from the month of November, 2022, the petitioner/Administration shall be entitled to pay according to the Rules, its share of 95% towards the salaries of the teachers. The School Management shall continue to contribute its 5% share as per the Rules from November, 2022."

Mr. Chakraborty, Learned Counsel appearing for the A&N Administration (for short, the Administration), submits that the Administration has preferred one SLP before the Hon'ble Apex Court challenging the Order passed by this Court by which the Administration was directed to pay 100% up to the

month of October, 2022. Mr. Chakraborty further submits that without prejudice to the rights and contentions of the Administration, the Administration has complied with this part of the Order (supra). Besides, the Administration has also complied with the remaining part of the Order relating to payment or disbursement of its share to the extent of 95%. In such context, Mr. Chakraborty submits that the Order, as above, be recalled and the Contempt Proceeding be dropped.

Per contra, Mr. Kumar, Learned Counsel appearing for the respondents/writ petitioners, submits that the writ petitioners approached the Court since their salary was either not paid or it was paid irregularly.

Mr. Kumar urges that this Court ensures that the salary of the teachers is disbursed on regular basis.

Undisputedly, the Administration has preferred the SLP challenging the first part of the Order by which the Administration was directed to disburse the salary to the extent as indicated above.

However, the Administration has already disbursed the salary in compliance with the first part of the order.

As submitted by Mr. Kumar, the Administration has also disbursed its 95% share towards disbursement of salary of the teachers.

Since the Order passed by this Bench has been complied with, we feel that the Order by which the personal appearance of the alleged Contemnor No.1/the Chief Secretary, A&N Administration and the alleged Contemnor No.2/the Director of Education/A&N Administration at Port Blair was directed, may be recalled.

Since the totality of the Order has been complied with, we feel that the contempt proceeding, as initiated against the alleged Contemnor No.1 and alleged Contemnor no.2, may be dropped.

Accordingly, the Order dated 12th June, 2023 is recalled and the Contempt Proceeding, as initiated, is dropped.

CPAN 17 of 2023 along with CAN 1 of 2023 stand disposed of accordingly.

However, there will be no order as to costs.

All parties to act on a server copy of this order duly obtained from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Rabindranath Samanta, J.) (Subrata Talukdar, J.)