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Judgment
8 paragraphs · 375 wordsArijit Banerjee, J
W.P.16505 (W) of 2016 was disposed of by an order dated January 05, 2017, the operative portion whereof reads as follows:
" Accordingly, the Sub-Inspector of Schools, Mongalkote-II Circle, Kaicher, being the respondent no.5 herein, is directed to forward to the District Inspector of Schools (PE) the papers and documents received from the petitioner within 15 days from the date of communication of this order.
Upon receipt of such papers from the Sub-Inspector of Schools, the District Inspector of Schools (PE) shall scrutinise the case of the petitioner and forward the papers and documents to the Secretary, Schools Education Department, Government of West Bengal within 30 days from the date of receipt of the papers from the Sub-Inspector of Schools.
Needless to say that upon receipt of the papers, the Secretary, Schools Education Department, Government of West Bengal shall take necessary action expeditiously and definitely within a period of six weeks from the date of receipt of the papers from the District Inspector of Schools (PE). "
Alleging violation of the aforesaid order, the present contempt application has been filed.
I have heard Mr. Panda, learned counsel for the petitioner and Mr. De, learned Senior Counsel for the State/alleged contemnors. The final direction was on the Secretary, School Education, Department, to take necessary action after receipt of the papers from the concerned District Inspector of Schools. The alleged contemnor has filed an affidavit to which he has annexed his order dated 24-11-2017. By the said order, the claim of the petitioner for Family Pension (she being an unmarried daughter of the deceased employee in question) has been rejected relying on a decision of the Division bench of this Court. Hence, according to me, there is no violation of this Court's order dated January 05, 2017. The alleged contemnor has taken action in the matter. According to the petitioner, such action is contrary to law. That may be so, on which I will not express any opinion sitting in contempt jurisdiction. If the petitioner is aggrieved by the alleged contemnor's order dated 24th November, 2017, her remedy is to challenge the same by way of appropriate proceeding before the appropriate forum.
Accordingly, CPAN 992 of 2017 is disposed of.