T.Leena v. Aditya Kumar Asthana, Danics

04.01.2024 Calcutta High Court Court No. 3 In the Circuit Bench at Port Blair S/L. No. 3 Sourav/ Suvayan CPAN 35 of 2023 In WPCT 02 of 2023 Smt. T. Leena Vs.

Shri Aditya Kumar Asthana, DANICS Mr. Gopala Binnu Kumar ... for the petitioner.

Mr. Shatadru Chakraborty Mr. Dinesh Drivedi Mr. R. Agarwal ... for the respondent.

1. Heard learned Counsel for the parties.

2. The writ petition being WPCT 02 of 2023 was disposed of on 14.02.2023 by passing the order to the effect thus:

"The respondents are, therefore, directed to do the needful to accord confirmation to the petitioner within a period of two months from the date of receipt of a copy of this order without prejudice to the claim of the respondents in the pending writ petitions before this Court.

it is needless to mention here that on issuance of order of confirmation, all financial benefits, which the petitioner is entitled to receive should be bestowed on her in accordance with law from the date of confirmation."

3. Taking us to the prayer in the writ petition, learned Counsel for the petitioner submits that so far as

benefit of Old Pension Scheme is concerned that has not been bestowed by the appropriate department on the petitioner.

4. We having made clear that all financial benefits, which the petitioner is entitled to receive should be bestowed on her in accordance with law from the date of confirmation, it is to be apposite to say here that the benefits which the petitioner is entitled to receive in accordance with law should be bestowed by the appropriate department. The benefit was left to the sole discretion of the department to decide about the entitlement of the petitioner in accordance with law.

Whether the aforesaid expression "entitlement in accordance with law" includes also the entitlement of the petitioner for Old Pension Scheme is a debatable question and the petitioner, if so advised, may claim that in a separate proceeding if she is otherwise dissatisfied. But so far as our order is concerned from the compliance affidavit and as admitted by the learned Counsel for the petitioner, all other financial benefits including the 1st ACP and 2nd ACP have already been granted and sanctioned in favour of the petitioner.

5. In view of such fact, we do not find any merit in the contempt petition.

6. Accordingly, the contempt application being CPAN 35 of 2023 is dismissed.

(Chitta Ranjan Dash, J.) (Md. Nizamuddin, J.)