CIVIL APPEAL None on 1 April 1981

Ct. 8

Samir Kumar Mukherjee & Ors. Versus Rajiva Sinha & Ors.

With

WP.ST 1202 of 2008

CAN 1 of 2013 (old CAN 1119 of 2013)

Samir Kumar Mukherjee & Ors. Versus State of West Bengal & Ors.

With

WP.ST 186 of 2009

The State of West Bengal & Ors.

Versus

Samir Kumar Mukherjee & Ors.

Mr. Bikash Ranjan Neogi, Adv.Ms. Ananya Neogi, Adv. Mr. Guddu Singh, Adv.

…for the petitioners

Mr. Tapan Kumar Mukherjee, AGP

Mr. Pinaki Dhole, Adv.

Mr. Somnath Naskar, Adv.

…for the alleged contemnors

On the basis of the submission made on behalf of thealleged contemnors that the order has been complied with and aCircular of the Transport Department dated 6[th] April, 2022 isproduced before this Court to show that the petitioners weresanctioned Pay Scale of Rs.425-1050 in the post of TrafficSurveyor Grade-I under WBS(ROPA) Rules, 1981 w.e.f.01.04.1981 and the corresponding revised Pay Scale as perWBS(ROPA) Rules, 1990 and the CAS benefits, we dispose ofthe contempt application by recording the compliance of the said order.

The learned Counsel for the applicants submits that moneyhas not yet been received by the applicants.

Mr. Mukherjee, learned Additional Government Pleadersubmits that since the account number of the heirs of the deceased(substituted petitioner) has not been made available, a directionmay be passed upon the petitioners to furnish the required bankdetails.

The petitioners are directed to furnish the required bankdetails upon the concerned authority within one week from dateand all remittances shall be made as admissible in terms of theCircular dated 6[th] April, 2022 within a week thereafter.

Although we express our unhappiness for the delayedcompliance of the order, however, having regard to the fact thatthe alleged contemnor no.4 is personally present and he hastendered apology and also having regard to the fact that Mr.Mukherjee had submitted that the alleged contemnor nos. 2 and 3have expressed their apology for not being able to comply withthe order within the stipulated time, such apologies are accepted.

We make it clear that in the event the payments are notreceived in terms of this order within two weeks from date, theapplicants shall be entitled to mention this matter and orally prayfor recalling of this order.

The Order dated 6[th] April, 2022 issued by the TransportDepartment is kept with the record.

(Saugata Bhattacharyya, J.) (Soumen Sen, J.)