Ms. S. Nandy vs None
2021 Latest Caselaw 1096 Tri

                           HIGH COURT OF TRIPURA
                                  AGARTALA
                             Cont. Cas (C) 85/2021
         For Petitioner(s)     :    Ms. S. Nandy, Advocate
         For Respondent(s)     :    None

HON'BLE MR. JUSTICE ARINDAM LODH Order 12/11/2021 Heard Ms. S. Nandy, learned counsel appearing for the petitioner. This is a petition filed under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India for drawing up of contempt proceeding against the respondents for deliberate violation and showing of willful disobedience of the judgment and order dated 06.09.2021 passed by this court in WP(C) 121 of 2021. Ms. Nandy, learned counsel has invited my attention to the relevant part of the order dated 06.09.2021, which is as under: "Accordingly, I direct the respondents to give the benefit of the scheme flowing from the office memorandum dated 21.01.2009 and grant regularization of the service of the petitioner in the post he held subject to fulfillment of the conditions from the due date of completion of 10 years of service. This shall be done within a period of one month from today. The period between the date of regularization till date would be notional benefits to the petitioner. Actual difference in salary would be paid prospectively from the date of regularization."

Ms. Nandy, learned counsel has submitted that the said order has not been complied with and the respondent-contemnor did not implement the order of this court which tentamounts to contempt. Issue notice calling upon the respondents to show cause as to why a contempt proceeding under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India shall not be drawn against the respondent-contemnor for taking penal action for deliberately violating the court's order, as prayed for; and/or why such further or other order(s) shall not be passed as to this court may deem fit and proper. Notice is made returnable on 04.01.2022.

The petitioner shall take steps for service of notice upon the respondents by registered post with AD within a week from today in accordance with rule.

JUDGE

Saikat