Union Of India And ORS v. Shri.Mohammed Nizamuddin And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WP.CT/40/2024 The Union of India and others Vs.

Shri Mohammed Nizamuddin and others Mr.Shatadru Chakraborty Mr. Dibesh Dwivedi ... for the petitioners Mr. Ananda Halder ... for the respondents November 5, 2024 [SR] Item No.4 1.

The challenge in the instant writ petition is directed against an order passed by the Central Administrative Tribunal (CAT) dated 17th February, 2023 in OA No.351/00178/2015. 2.

The subject matter of the proceeding before the CAT was that the petitioners therein being the respondents herein were Cooks under the Health Department of the Andaman and Nicobar Administration and were seeking parity of pay with the Cooks engaged by the Andaman Public Works Department (APWD) in their guest houses.

3.

After considering the proceedings and the circumstances under which the Cooks under the APWD stole a march over the Cooks under the Health Department, inter alia, pursuant to the order of the High Court and after considering the proceedings in this regard before the CAT and the High Court since 13th February, 2021, the Tribunal directed the appellant to take a decision in the matter within a period of three months from 17th February, 2023.

4.

Upon failure of the appellants to do so, the respondents filed an application for contempt of the order of the CAT dated 17th February, 2023.

5.

Pursuant to the application for extension of time to take decision, the contempt proceedings were dropped in the CAT. 6.

The instant application challenging the order of the CAT dated 17th February, 2023 has been filed on 11th September, 2024. 7.

Mr. Shatadru Chakraborty, learned counsel appearing for the petitioners has placed before this Court several communications between the Administration and the Central Government on this subject and as to why the respondents could not be considered at par with the Cooks of the APWD. 8.

This Court is of the view that these are matters for the writ petitioner to apprise the CAT and cannot form a subject matter of a writ petition challenging the order of the CAT dated 17th February, 2023 (supra).

9.

The contempt application filed by the respondents before the CAT, being CPAN/87/2024 stands revived. The writ petitioners shall be entitled to file an affidavit in the contempt application before the CAT disclosing their stand and the communications placed before us. The CAT may take an appropriate decision in accordance with law.

10.

With the above observation, the writ petition stands disposed of.

11.

There shall no order as to costs.

12.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities. ( Rajasekhar Mantha, J. ) ( Partha Sarathi Sen, J. )