Smt. Sabitri Mahata vs Swapan Samanta & Anr
2023 Latest Caselaw 7789 Cal

Calcutta High Court (Appellete Side)

Smt. Sabitri Mahata vs Swapan Samanta & Anr on 14 December, 2023

Item No.3&4


                            In the High Court At Calcutta
                                 Special Jurisdiction
                                   Appellate Side

 14.12.2023
   Ct-24
                                CPAN 1053 of 2023
                                         in
                                WPA 18303 of 2015
                               Smt. Sabitri Mahata
                                         v.
                              Swapan Samanta & Anr.
                                        with
                                WPA 29065 of 2013
                           Swapan Kumar Hazra & Ors.
                                         v.
                          The State of West Bengal & Ors.

                    Mr. Rudranil De
                    Mr. Lalratan Mondal
                    Mr. Dilip Kumar Sadhu
                               ... for the petitioner.

                    Mr. Chittapriya Ghosh
                    Mr. S. Ghosh
                    Mr. Saumyajit Ghosal
                               ... for the respondent no.2.

Mr. Jayanta Samanta Mr. Kushal Biswas ... for the alleged contemnor no.1

Affidavit filed by the Teacher-in-Charge is taken on record.

It appears therefrom that the appointment of the petitioner has been approved by Office Order dated November 1, 2023. The approval mentions that the same is being accorded notionally with effect from February 3, 2015 i.e. from the date of appointment of Swapan Kumar Hazra and actually with effect from his date of joining on October 13, 2023.

The District Inspector Schools shall take note of the fact that by judgment dated March 24, 2023 the Court made it clear that Swapan will not get any financial benefit on and from the said date, not even the benefit which may have accrued to him on account of Provident Fund & Gratuity.

The Provident Fund & Gratuity which was credited in the account of Swapan shall be credited in favour of the petitioner in terms of the order of approval.

Nothing further is left to be decided in the contempt application.

The contempt application stands disposed.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

Sh                                     (Amrita Sinha, J.)