Sri Sankar Acharjee vs Smt. Tanushree Debbarma And ...
2021 Latest Caselaw 68 Tri

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                      HIGH COURT OF TRIPURA
                            AGARTALA

                             Cont. Cas (C) No.59/2020

Sri Sankar Acharjee
                                                             .....Petitioner(s)
                              Versus

Smt. Tanushree Debbarma and others
                                                           .....Respondent(s)

For Petitioner(s) : Mrs. S. Deb (Gupta), Advocate.

For Respondent(s) : Mr. Debalay Bhattacharjee, GA.

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI Order

13/01/2021.

On 16.12.2020, following order was passed:

"By judgment dated 17.01.2020 respondents were directed to regularize the petitioner in service from due date on notional basis. The Government preferred writ appeal against the said judgment which was dismissed on 16.07.2020. Till date this judgment is not implemented. Learned Government Advocate Mr. Debalay Bhattacharjee stated that the Government has decided to prefer SLP before the Supreme Court.

Five months have passed after the writ appeal of the Government was dismissed which should have been more than sufficient for the Government to take appropriate steps if it was aggrieved by the decisions of the High Court. Only on the ground that Government proposes to pass appeal after 11 months of the

date of the judgment of the Single Judge and 5 months after the date of dismissal of the writ appeal cannot be the ground for non- compliance. Even if the Government wishes to prefer further appeal, the respondents shall comply with the directions subject to outcome thereof.

List the matter on 13.01.2021 by which date if the directions are not complied of course subject to outcome of further proceedings, if any, a responsible officer not below the rank of Deputy Secretary of the respondents shall remain present."

Pursuant to the said order, learned Government Advocate placed for

the perusal of the Court as well as the counsel for the petitioner filed

noting dated 12.01.2021 in which the concerned authority has decided in

due deference to the said order dated 16.12.2020 to implement the

judgment in W.P. (C) No.98 of 2019 subject to outcome of SLP.

Mr. Atanu Dewanji, Deputy Secretary, Finance is also present. He

stated that the directions shall be actually complied within 3 (three) weeks

from today, of course, subject to the outcome of the SLP.

In view of these developments, Contempt Petition is closed. Pending

application(s), if any, also stands disposed of.

(AKIL KURESHI), CJ

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