Smt. Lakshmi Maiti And Another vs Prof. Jayasri Ray Chandhuri
2023 Latest Caselaw 1039 Cal

17   08.02.                            CPAN 746 of 2022
     2023                                         in
     Ct. No. 04
                                         FMA 506 of 2021
        Ab
                                Smt. Lakshmi Maiti and another
                                                Vs.
                                 Prof. Jayasri Ray Chandhuri.
                                           ---------------

Mr. T. P. Halder.

... for the applicants

Mr. Amitava Chaudhuri.

... for the alleged contemnor.

Re: CPAN 746 of 2022.

It is submitted by the learned Advocate for the applicants that the authorities have proceeded to dismiss the application filed by the petitioner/applicant no. 2 on the score that the applicant no. 2 is a married daughter of the deceased employee and in terms of the relevant Rules, she cannot be afforded the appointment on compassionate ground.

Our attention is drawn to the observations made in the judgment and order dated 16th December 2021 passed at the time of disposal of the appeal wherein the Counsels including the Counsels of the respondent authorities did not raise any dispute over the entitlement of the married daughter and it is, thus, contended that taking advantage of the concession having been made and deferring the adjudication of the aforesaid point, the action of the authorities is malicious, which is a contumacious act.

In view of the above, we feel that an opportunity should be given to the alleged contemnor to disclose her stand to the statements made in the contempt application.

Accordingly, the alleged contemnor is directed to

file affidavit-in-opposition to the contempt application within three weeks from date; reply thereto, if any, shall be filed within a week thereafter and the contempt application will appear in the list immediately thereafter.

(Harish Tandon, J.)

(Rabindranath Samanta, J.)