Mr. Bn Majumder vs Mr. D Bhattacharjee
2022 Latest Caselaw 253 Tri

                       HIGH COURT OF TRIPURA
                             AGARTALA

                      Cont. Cas(C) No. 92 of 2021

For Petitioner(s)              : Mr. BN Majumder, Sr. Adv.
                                 Mr. B Pal, Adv.

For Respondent(s)              : Mr. D Bhattacharjee, Sr. Adv.

Mr. B Majumder, Adv.

Mr. S Saha, Adv.

HON'BLE MR. JUSTICE S. TALAPATRA HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY Order

03.03.2022

Heard Mr. BN Majumder, learned senior counsel assisted by

Mr. B Pal, learned counsel appearing for the petitioner. Also heard Mr. D

Bhattacharjee, learned senior counsel assisted by Mr. S Saha, learned

counsel appearing for the respondents No. 1 - 2 and Mr. B Majumder,

learned counsel appearing for the respondent No.3.

This petition has originated in the perspective fact of non-

compliance of the judgment and order dated 04.06.2021 as delivered in

WA 56 of 2020 whereby the judgment dated 13.02.2020 delivered in

WP(C) 748/2013 was reversed and the writ petition was allowed. The

respondents were directed to restore the pension of the petitioner on

expiry of 15 years from the day of his receiving the commutation value

for the full pension. The arrears thereof shall be paid within a period of

three months from today. No interest on arrear pension was granted by

this court.

The respondent No.3 filed the reply to the showcause and

contended that the matter of restoration of pension does not come

under the purview of the office of the respondent No.3 but the

responsibility lies with the Finance Department as well as the Treasury

Officer, Agartala-1. Moreover, the respondent No.3 made

communication to the Secretary, Finance Department for compliance of

the said order.

Mr. B Majumder, learned counsel appearing for the

respondent No.3 has also referred to the communication dated

11.06.2021 (Annexure R/2 to the reply) whereby the office of the

respondent No.3 had categorically observed as follows:

"This office has no role to play on the issue of restoration of pension as the responsibility of the same lies with the Disbursing Authority of pension i.e. Treasury/Bank. Now, the State Government will decide as to whether the Government will prefer any appeal against the order & judgment of the Hon'ble High court of Tripura dated 04/06/2021 or not. If not, then please issue the appropriate order to the concerned Treasury Officer i.e. Treasury Officer, Agartala-I for compliance of the order of the Hon'ble High Court of Tripura within the stipulated period as mentioned in the order & judgment under intimation to this office."

Thus, Mr. Majumder, learned counsel has submitted that no

contempt action can even be contemplated against the respondent

No.3.

Mr. D Bhattacharjee, learned senior counsel assisted by Mr.

S Saha, learned counsel appearing for the respondents No.1 and 2 has

submitted that the State Government had filed a Special Leave Petition

to appeal against the judgment dated 04.06.2021, but by the order

dated 25.02.2020 delivered in SLP(C)2072/2022, the said SLP has been

dismissed. As such, the judgment dated 04.06.2021 has become

absolute.

On 23.02.2022 the respondents No. 1 and 2 had filed an

affidavit informing this court regarding the filing of the Special Leave

Petition against the order dated 04.06.2021. The respondents No.1 and

2 have also filed another affidavit today, i.e. 03.03.2022 apprising this

court that the SLP has been dismissed. In para 4 of the said affidavit, it

has been undertaken that upon dismissal of the SLP, necessary action

will be taken in the course of few days and the required papers related

to the petitioner will be dispatched to the office of the Accountant

General for calculation and settlement. Mr. Bhattacharjee, learned

senior counsel has further submitted that within three days all required

papers will be sent to the office of the Accountant General, Tripura for

calculation and settlement.

True it is that the respondent No.3 does not have any role

in this matter. But the respondents No. 1, will expectedly dispatch the

papers within the shortest possible time. It is only understood that in

the earliest occasion, the Accountant General (A&E), Tripura would

calculate the due of the petitioner and send the calculation to the

relevant authority for payment.

Mr. Majumder, learned counsel appearing for the

respondent No. 3 has at this juncture, has assured this court that the

office of the Accountant General (A&E) Tripura will send such

calculation, relating to the petitioner's due within seven days from the

date of receipt of the papers from the respondents No.1 & 2.

Mr. BN Majumder, learned counsel has, however, expressed

some anxiety. We understand the reason behind his anxiety but on the

face of the emerged facts, in our considered view, the contempt

proceeding has no future and it has to be closed. Accordingly, the

contempt proceeding stands closed. Notice as issued earlier stands

recalled.

It is needless to mention that if there occurs further

violation, which we do not expect to happen, the petitioner shall be at

liberty to urge for the contempt proceeding.

Copy of this order be supplied to the counsel for the parties.

JUDGE

satabdi