Tarun Kumar Das vs Anindya Narayan Biswas & Anr
2021 Latest Caselaw 1944 Cal

15-03-2021 ct no. 13 Sl.3+4 sp

WPCRC 21 of 2021 In WPA 14743 of 2016

Tarun Kumar Das Versus Anindya Narayan Biswas & Anr.

(Via Video Conference)

Mr. Bikram Banerjee, ...for the petitioner

Mr. Kisore Datta, ld. A.G., Mr. Swarup Chattopadhyay, Mr. Suman De, Ms. Iti Dutta ....for the alleged contemnor no. 1

Mr. Bhaskar Prasad Vaisya, Mr. Gourav Das .....for the alleged contemnor no. 2

It is submitted by the learned counsel for

the State as well as the Commissioner of School

Education and the Chairman, South 24 Parganas

District Primary School Council that by order

dated March 12, 2021 appointment has been given

to the petitioner.

Counsel for the petitioner, however,

submits that the order has not been complied with

in its entirety.

Learned Advocate General for the alleged

contemnor no. 1 submits that further steps are

being taken by the alleged contemnors in this

regard. It is also submitted that the compliance of

the order should be subject to any order that may

be passed in a related appeal being MAT No. 1814

of 2017 (State of West Bengal vs. Md. Alauddin

Molla & Ors.) arising out of orders passed in cases

of persons similarly situated as the petitioner.

In those circumstances, the contempt

application shall stand disposed of with liberty

however reserved to the petitioner to take further

steps in the event the orders not complied with in

its entirety.

It is needless to mention, the aforesaid

compliance and any other steps shall abide by the

final result of the pending appeal mentioned

hereinabove.

The personal presence of Mr. Anindya

Narayan Biswas, the Commissioner of School

Education and Mr. Ghanasree Bagh, the

Chairman, South 24 Parganas District Primary

School Council is dispensed with. Rule, if any,

shall stand discharged.

Compliance report filed in Court is taken

on record.

Copy of the order dated 12.03.2021 be

kept with the record.

Copies of the original appoint letters have

been given to the counsel for the petitioner.

This Court appreciates the action taken

by the alleged contemnors notwithstanding non-

receipts of the writ petition and the contempt

application as submitted by their counsel.

Urgent photostat certified copy of this

judgment, if applied for, be given to the parties

upon compliance of all formalities.

(Rajasekhar Mantha, J.)