WRIT PETITION None on 12 December 1972

Conclusion

16-12-2020

ct no. 13

Sl.27

pk

WPA 7636 of 2015CPAN 1498 of 2016CAN 7721 of 2017(Through Video Conference)

Ms. Shephali Roy

-Versus-

Mr. M. A. Subramanium & another

Mr. Krishna Das Podder

….for the petitioner

Mr. Sandip Kumar Bhattacharyya,

…for the contemnor no. 1.

Counsel for the Contemnors AccountantGeneral submits that they were not served acopy of the writ petition and came to know ofthe proceedings only after receiving thecontempt application.

Re: CAN 7721 of 2017

CAN 7721 of 2017 was filed seeking recallof the order dated 23[rd] April, 2015.

The principal contentions advanced onbehalf of the Accountant General is that interms of the notification dated 12.12.1972amending the Bengal (Rural) Primary EducationAct, 1930, the pension was allowed to teachersof primary school managed by the Board andnot other DA getting primary schools.

The petitioner has indicated to this Courtthat by an order dated 7[th] December, 2007 theGovernment of Wet Bengal had in fact allowed pension to all teachers of DA getting primaryprivate schools by amending G. O. dated 12[th]December, 1972.

He further submits that pursuant to adecision of this Court dated 1[st] December, 2016passed in W. P. 23174 (W) 2016, similarlysituated primary teachers of privately managedDA getting schools were allowed pension and theoffice of the Accountant General has madepayment.

In those circumstances, let this matterstand adjourned and be listed on 18[th]December, 2020 at 2.00 p.m. to enable thecounsel for the Accountant General tosubstantiate his contention that the order of theGovt. of West Bengal dated 7[th] December, 2007has either been recalled or held non-est. TheAccountant General shall also indicate as towhether the petitioner in W. P. No. 23174(W) of2016 who are also teachers of DA gettingprivately controlled primary school, namely,Jagabandhu Girls School have been paidpension by his office.

Let the matter be listed accordingly.

Re: CPAN 1498 of 2016

It is submitted by the counsel for thepetitioner that the alleged contemnor nos. 1 and2 have since retired and in their place Ms. Aditi Roy Chowdhury and Mr. Susanta Kumar Pandahave taken charge as contemnor no. 1 andcontemnor no. 2. respectively.

Since the counsel for the AccountantGeneral is present, no fresh rule need be issued.

The petitioner shall communicate thisorder to the substituted contemnors no. 1 and2.

Photostat certified copy of this order, ifapplied for, be given to the parties uponcompliance of all formalities.

(Rajasekhar Mantha, J.)