Mr. Somik Deb vs The Termination Orders Issued By ...
2023 Latest Caselaw 96 Tri

                   HIGH COURT OF TRIPURA
                         AGARTALA

                    Cont. Cas(C) 181 of 2022
                           along with
                    Cont. Cas(C) 182 of 2022
                    Cont. Cas(C) 183 of 2022

For the Petitioner(s)            :      Mr. Somik Deb, Sr. Advocate
                                        Mr. Abir Baran, Advocate
For Contemnor(s)                 :      Mr. D. Bhattacharjee, Sr. Advocate


             HON'BLE MR. JUSTICE ARINDAM LODH

                                     Order
19/01/2023

       All the three contempt applications have taken up and heard

together for disposal at the admission stage itself since common questions

of law and facts are involved in these applications.

       Heard Mr. Somik Deb, learned senior counsel assisted by Mr. Abir

Baran, learned counsel appearing for the petitioners. Also heard Mr. D.

Bhattacharjee, senior counsel appearing for the respondents.

This Court by judgment and order dated 22.03.2022, passed the

following order:-

"I. The order of cancellation and confiscation dated 15.05.2021 directing the petitioners to return their Scheduled Caste certificates to the office of the Director for Welfare of Scheduled Castes stands set aside and quashed.

II. It is held that the petitioners have established their claim for "Namasudra", Scheduled Caste community.

III. The Scheduled Caste certificates granted in favour of the petitioners stand restored and these are treated to be valid in the eye of law for all purposes. IV. The petitioners shall be re-instated in service within a period of two weeks from the date the respondents and the employers of the petitioners shall receive a copy of this order.

V. The termination orders issued by the respective employers upon the petitioners also stand quashed having no force in the eye of law.

VI. It is further directed that the petitioners shall not be entitled to any back wages.

VII. It is made clear that the petitioners shall be entitled to all service benefits including seniority and intervening promotions, if any; and VIII. The pay and allowances of the petitioners shall be fixed notionally for the purpose of their pensions."

Thereafter, the State has preferred an intra-court appeal before this

Court. The appeal preferred by the State challenging the judgment and

order as stated here-in-above was dismissed by the Division Bench.

Till today, the directions passed by this court have not been

implemented. This is a clear willful disobedience of the court. As such,

the petitioners have compelled to file the present contempt applications

before this Court.

Mr. Bhattacharjee, learned senior counsel has submitted that the

State is going to prefer an appeal in appropriate forum and for this reason,

he has sought for some accommodation.

I am unable to accept the submissions advanced by the learned

senior counsel and, accordingly, the prayer of learned senior counsel is

repelled.

Hence, I direct the respondent-contemnors to implement the

judgment and order dated 22.03.2022, which was affirmed and upheld by

the Division Bench of this Court within a period of 7 (seven) days from

today, otherwise, the contemnors shall face contempt of courts

proceeding.

List the matter on 03.02.2023.

JUDGE

Rohit