Sahanara Begam vs Ardhendu Sekhar Biswas & Ors
2021 Latest Caselaw 4229 Cal

    37                  IN THE HIGH COURT AT CALCUTTA
12.08.2021                   Special Civil Jurisdiction
   PP
                               APPELLATE SIDE
                             (Via Video Conference)

                             WPCRC 2012 of 2007
                                    In
                              WPA 6015 of 2004

                                Sahanara Begam
                                      Vs.
                          Ardhendu Sekhar Biswas & Ors.


                      Mr. Suman De, led by
                      Mr. Anirban Ray, GP,
                      Mr. Shamim ul Bari
                                               ....for the contemnors.



                      The petitioner remains unrepresented.

                      It is submitted by Mr. Suman De that an

             appeal, being MAT 522 of 2007, was preferred against

             the order dated 10th February, 2004 passed in WP 6015

             (W) of 2004, being the subject matter of the contempt

             petition. The said order dated 10th February, 2004 was

             initially stayed by the Hon'ble Division Bench.      The

             petitioner preferred a Special Leave Petition against the

             order of stay passed by the Hon'ble Division Bench. The

             Special Leave Petition was, however, withdrawn.      The

             appeal has ultimately been disposed of on 18th July,

             2018 by passing the following directions:

                               "We think that the facts are in the
                      knowledge    of   the   department    and   the
                      Commissioner of School Education will be able
                      to take a decision in the matter.
                               On the basis of this judgment and
                      order, we direct the Department of School
                       2




Education to prepare a fact sheet with regard
to    the   appointment         and    service   of    the
respondent within 4 weeks of communication

of this order and communicate this fact sheet to the parties.

The Commissioner of School Education will give an opportunity to the respondent and the school authority to deal with the fact sheet briefly within a further period of 2 weeks. Thereafter the Commissioner of School Education will hear the parties and pass a reasoned order with regard to the above issues following the legal guidelines and principles contained in this judgment and order and in accordance with law within a further period of 8 weeks. He is empowered to order regularisation of the service of the respondent.

The appeal (MAT 522 of 2007) and the writ application are accordingly, disposed of.

Re: MAT 523 of 2007 The facts of this appeal are almost identical to the appeal in MAT 522 of 2007, which we disposed of today except that the letter of appointment dated 11th April, 1997 was made by the administrator of the school. The respondent was teaching in the language group. For the reasons given in the other appeal MAT 522 of 2007, we dispose of the instant appeal (MAT 523 of 2007) and the writ application with an idential direction upon the Commissioner of School Education, West Bengal."

Mr. Suman De has handed over the relevant

orders in a bunch of documents, which is taken on

record.

After considering the order dated 18th July,

2018, I find that there is no scope of passing any order

in the present contempt petition.

The contempt proceeding is dropped. The

contempt petition stands disposed of without any

further orders. Rule stands discharged.

(Arindam Mukherjee, J.)