High Court Of Tripura vs Mr. K Dey
2021 Latest Caselaw 691 Tri

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                         HIGH COURT OF TRIPURA
                                  AGARTALA
                      IA No.1/2021 in Cont. Cas(C) No.19/2020
             For Applicant(s)  : Mr. Debalaya Bhattacharya, Govt. Advocate,
                                 Mr. K Dey, Addl. Govt. Adv.,
                                 Mr. Partha Saha, Advocate.
             For Respondent(s) : Mr. P Roy Barman, Sr. Advocate,

Mr. Samarjit Bhattacharjee, Advocate.

HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE JUSTICE MR. S TALAPATRA

_O_R_D_E_ R_

09/7/2021 (Akil Kureshi, CJ).

This application is filed by the State-administration for extension

of time for complying with the directions of this Court. The contempt

petition has been filed by the original petitioner who was selected for

appointment to the post of Technical Assistant(Pharmacy). She was offered

appointment. In order to accept the appointment, she resigned from her

previous service and communicated her acceptance to the authorities. The

authorities, however, did not appoint her on the ground of change of

recruitment policy. She, therefore, approached the High Court. Single Judge

allowed the petition. Writ appeal filed by the Government was dismissed.

The Division Bench rendered its judgment on 14th February, 2020. Till date

the judgments of this Court are not implemented. The only ground taken by Page - 2 of 2

the Government is that a Special Leave Petition(SLP) has been filed. On 30 th

April 2021, we had passed an order for listing the contempt petition, on 25th

January 2021 and it was observed that by such time, if the respondents fail to

obtain a stay order from the Supreme Court, it is expected that the directions

of the High Court would be complied with, of course subject to outcome of

the SLP.

In this interim application, all that is stated is that the SLP filed by

the Government is likely to be posted after ongoing pandemic situation is

eased. We do not find that the applicants have made out any case for

granting further extension of time. We reiterate our observations and

directions contained in the order dated 30th April, 2021. In the present case,

special circumstance is that the original petitioner having resigned from the

previous service on an offer of appointment being made by the Government,

is left in the lurch since 2 years.

Let the contempt petition be listed on 30th July, 2021 by which time

the judgment should be complied with subject to outcome of SLP.

       ( S TALAPATRA, J )                             ( AKIL KURESHI, CJ )




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