Mr. T.D. Majumder vs Mr. D. Bhattacharya
2021 Latest Caselaw 110 Tri

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                     HIGH COURT OF TRIPURA
                       _A_G_A_R_T_A_L_A_
                         Cont Cas(C) No.70 of 2020
For Petitioner(s)            :   Mr. T.D. Majumder, Advocate.
For Respondent(s)            :   Mr. D. Bhattacharya, G.A.

      HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI

                                 ORDER

04/02/2021

Petitioner had filed WP(C) No.339 of 2019 which was

disposed of by a judgment dated 02.01.2020 directing the respondents to

consider the case of the petitioner for appointment on compassionate

grounds in terms of the scheme of the Government. For such purpose

2(two) months time was granted. When long time after passing of the

judgment the respondents did not implement the directions, the contempt

petition came to be filed.

In response to notice issued the respondents have appeared.

Learned Government Advocate submitted that recently an intra-court

appeal has been filed against the said judgment additional time for pursuing

such remedy may be granted.

The approach of the respondents cannot be countenanced.

When the Court passes the judgment and also gives time frame for

complying with the directions contained in the judgment, the options before

the respondents judgment debtors clearly are (i) challenge the judgment

and obtain stay against the directions (ii) seek extension of time for

compliance before the Court which passed the judgment if for some reason

the administration is likely to overshoot the time framed (iii) comply with

the directions. There cannot be any other option than these three options

noted. At any rate the administration simply cannot seek tide over the

judgment of the High Court for close to 12 months as has been done in the

present case and then orally request for extension of time for pursuing

appeal when the petitioner applies for contempt action to be taken against

the respondents.

List the matter on 4th March, 2021. If by that time the

respondents failed to obtain stay against the judgment in question, the same

shall be implemented subject to outcome of the appeal. The respondents

shall also pay cost of Rs.1,000/- to the petitioner as of now.

(AKIL KURESHI), CJ

Dipesh