Ashit Chakraborty vs Narayan Swaroop Nigam
2021 Latest Caselaw 2262 Cal

19-03-2021
 ct no. 13
  Sl.10+11
    sp

                           C.P.A.N No. 1072 of 2018
                                     In
                             WPA 6808 of 2018

                             Ashit Chakraborty
                                   Versus
                           Narayan Swaroop Nigam

                           (Via Video Conference)


               Ms. Susmita Dey (Basu)
                                               ...for the petitioner

               Mr. Amal Kumar Sen,
               Mr. Sabyasachi Mondal
                                    ...for the alleged contemnor


                      Contempt has occurred of order dated

             August 17, 2018 passed by a Co-ordinate Bench of

             this Court (Dr. Sambuddha Chakrabarti, J).

                      By the said order, the Co-ordinate Bench

             has held that the petitioner's option for pension

             exercised after voluntary retirement on July 31, 2017

             must be treated as alive and the respondents were

directed to process the same and release pension.

The said order was carried in appeal (FMA 692 of

2019) by the respondent-Corporation. A Division

Bench of this Court by judgment and order dated

March 5, 2021 had upheld the order of the Single

Bench. A copy of the said judgment may be kept with

the record.

Counsel for the Corporation Mr. Amal

Kumar Sen submits that the order dated August 17,

2018 as confirmed by the Division Bench has wide

financial implications on the Corporation and it is

taking steps to challenge the order of the Hon'ble

Division Bench of this Court before the Hon'ble

Supreme Court.

Let this contempt application, therefore,

stand adjourned and be listed on May 19, 2021.

Rule issued against the contemnor. Service

thereof, is dispensed with in view of the presence of

Mr. Sen, counsel for the alleged contemnor.

It is made clear that the Managing Director

shall be personally present in Court on the

adjourned date subject to any interference with the

order passed by the Division Bench (supra).

Liberty is granted to the petitioner to amend

the cause title.

(Rajasekhar Mantha, J.)