Dipak Kumar Bhattacharya vs Professor Chiranjib ...
2023 Latest Caselaw 3381 Cal

Item-4. CPAN 788 of 2018 12-05-2023 sg In FMA 526 of 2016 Ct. 8 Dipak Kumar Bhattacharya Versus Professor Chiranjib Bhattacharjee & Anr.

Mr. Sudipta Dasgupta, Adv.

Ms. Sumitra Das, Adv.

...for the petitioner Mr. Soumya Majumder, Adv.

...for the contemnor no.1 Mr. Sunit Kr. Roy, Adv.

...for the contemnor no.2

The learned counsel appearing on behalf of the Director of

Public Instruction, Government of West Bengal, has produced

before us a communication dated 8th May, 2023 addressed to the

Registrar, Jadavpur University to take steps for compliance of the

judgment in its letter in spirit.

Mr. Soumya Majumder, learned Counsel representing the

alleged contemnor no.1 has submitted that the period for which the

petitioner is claiming his salary, he did not work.

However, we are not here to decide the said issue as it is

very clear from the order passed by the Hon'ble Division Bench on

5th May, 2015 that he would receive all his benefit including retiral

benefits upon reconstruction of the service record.

Under such circumstances, we are unable to accept the

submission made on behalf of the Registrar, Jadavpur University.

The University is directed to release the arrears salary within

four weeks from date upon adjustment of any amount already paid

and shall file an affidavit of compliance on the adjourned date,

failing which, we may be constrained to hold the alleged

contemnors guilty of contempt.

The letter of instruction issued by the Joint Director of

Public Instruction dated 8th May, 2023 is taken on record.

The matter stands adjourned till 23rd June, 2023.

(Uday Kumar, J.) (Soumen Sen, J.)