Amalendu Sarkhel vs Aminul Ahsan & Anr
2021 Latest Caselaw 4484 Cal

02.09.2021           IN THE HIGH COURT AT CALCUTTA
 Sl. No.99             SPECIAL CIVIL JURISDICTION
    (PP)                    APPELLATE SIDE
                          (Via Video Conference)

                              WPCRC 26 of 2009
                                    in
                              WPA 20130 of 2005

                               Amalendu Sarkhel
                                     Vs.
                              Aminul Ahsan & Anr.


                 Mr. Ekramul Bari,
                 Ms. Tanuja Basak,
                 Mr. Sk. Imtiaj Uddin
                                   ....for the applicant/petitioner.


                Affidavit of service filed in Court today is taken on

             record.

                No      one     appears    on   behalf    of    the   alleged

             contemnors/respondents.

By the judgment and order dated 23rd February,

2006 passed in WP 20130 (W) of 2005, the

respondent nos.3 and 4 in the writ petition were

directed to take immediate steps to refix the salary of

the petitioner by granting him the benefit of Post

Graduate scale of pay for M.A. degree in Bengali

which was acquired by the petitioner while in service.

The date of refixation of pay scale was also indicated

in the order to be the date of the application

submitted by the petitioner claiming such benefit.

The refixation of salary giving the petitioner

higher scale of pay was not done even after lapse of a

reasonable period of time, which compelled the

petitioner to file the instant contempt petition

sometime in May, 2007. Despite Rule being issued

against the alleged contemnors/respondents on 16th

January, 2009, the fact remains that the order has

not yet been complied with. The petitioner is still in

service. I am told that the petitioner is due to retire

in the month of January, 2023. Unless the salary of

the petitioner is refixed giving the petitioner higher

scale of pay in terms of the judgment and order dated

23rd February, 2006, the petitioner's right will be in

jeopardy. This will also have a chain effect on the

retiral benefits to which the petitioner will be entitled

to on superannuation.

Considering such facts and circumstances, I

direct issuance of Rule against Mr. Nazrul Islam

Sipai, the present District Inspector of Schools (SE),

Hooghly, who has been added as an alleged

contemnor/respondent by dint of the order dated 12th

August, 2021.

The petitioner is permitted to put in special

messenger costs for serving the Rule.

(Arindam Mukherjee, J.) Rule drawn in separate sheets.