Ct. 238 Barnana Bhattacharjee vs Sanghamitra Ghosh & Ors
2022 Latest Caselaw 8366 Cal

38   15-12-2022                     CPAN 365 of 2020
                                           in
      AKG
                                     WPA 2321 of 2019
     Ct. 238                       Barnana Bhattacharjee
                                            Vs.
                                   Sanghamitra Ghosh & Ors.


                        Mr. Subir Sanyal,
                        Ms. Sumita Sen
                                                        ...for the Applicant
                        Mr. Amitava Chaudhuri,
                        Mr. N. Roy
                                            ...for the Contemnor Nos. 3 & 4
                        Mr. T. M. Siddiqui,
                        Mr. N. Chatterjee
                                            ...for the Contemnor Nos. 1 & 2



                        This contempt application has been taken out for

                  alleged violation of an order dated June 18, 2019 passed

                  by a Co-ordinate Bench of this Court.

                        The operative part of the order reads as follows:-

                                     "Considering the above observations,
                              I direct the State Authorities to take steps
                              for de-reserving the post no. 12 for general
                              category thereby reserving the post no. 14
                              for PH category. Thereafter approving the
                              petitioner's appointment to the post of
                              Assistant Professor in political science in
                              respect of Mekhliganj Collge. Furthermore,
                              respondent authorities are directed to

take steps for fixing the petitioner's pay as per prescribed scale of pay and thereafter release the current salary as well as arrear salaries with effect from 16th December, 2016. Entire exercise shall be completed within eight weeks With this direction the writ petition is disposed of."

It appears that an appeal was preferred against the

judgment and order dated 18, 2019 but the same has not

yet been disposed of. On September 20, 2021, a letter was

issued by the Secretary, Women & Child Development and

Social Welfare Department to the following effect.

"In compliance of the orders dated 18.06.2019 and 23.09.2019 of the Hon'ble High Court in the matter of Smt. Barnana Bhattacharjee vs. The state of West Bengal and ors (Ref. W.P. 2321 (W) of 2019) and without prejudice to the appeal bearing Mat No. 819 of 2021 preferred by this Department, which is pending before Hon'ble High Court, Calcutta, the appointment of Smt. Barnana Bhattacharjee to the post of Assistant Professor of Political Science is confirmed, subject to the outcome of the said appeal."

Mr. Sanyal submits that the order has not yet been

complied in its proper spirit. The post in question (post no.

12) has not been directed to de-reserve in terms of the

order of this Court.

I am of the opinion that the order has been

substantially complied with subject to the outcome of the

appeal. It is apparent that the service of the petitioner has

been confirmed by the State against the post no. 12 at the

relevant college treating the same as a general category

post.

With the aforesaid clarification, this contempt

application being CPAN 365 of 2020 is disposed of.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties expeditiously on

compliance of usual legal formalities.

(Kausik Chanda, J.)