Rani Kisku vs Parvez Siddique Ahamed & Ors

Tapabrata Chakraborty, J

Pursuant to the rule issued on 3rd January, 2020, Mr. Parvez Siddique Ahamed, the Director of Pension, Provident Fund and Group Insurance and Mr. Aloke Mahapatra, who was previously posted as the District Inspector of Schools (Primary Education) Purulia, are present.

Mr. Vaisya, learned advocate appearing for the Director of Pension, Provident Fund and Group Insurance, the alleged contemnor no. 1, submits that the said Director has not violated the order passed by this Court and it is the Principal Secretary to the Government of West Bengal, School Education Department, who is the competent authority to condone the deficiency of twenty-six days in qualifying service of the petitioner's deceased husband.

Mr. Majumder, learned Government Pleader, appearing for the alleged contemnor nos.2 and 3, submits that the said contemnor is presently posted as the District Inspector of Schools (Primary Education), North 24-Parganas and one Mr. Prasanta Mukherjee is presently holding the post of the District Inspector of Schools (Primary Education), Purulia.

Mr. Banerjee prays for leave to implead the new incumbent, who has joined the post of the District Inspector of Schools (Primary Education), Purulia, in the present contempt application. Such prayer is considered and allowed. The learned advocate-on-record of the petitioner is directed to effect necessary correction in the cause title of the contempt application. The petitioner is directed to immediately serve a copy of the contempt application upon the alleged contemnor and to affirm an affidavit of service on the returnable date.

Mr. Majumder prays for an adjournment of two weeks as the State authorities have filed an appeal challenging the order dated 28th June, 2016 passed by this Court in W.P. 5622 (W) of 2016.

Copies of the application for condonation of delay in preferring an appeal and the application for stay have been handed over to Mr. Banerjee, learned advocate appearing for the petitioner in Court today.

Mr. Banerjee opposes the prayer for such adjournment.

It is well-settled that till an order, passed by a competent Court, is set aside or stayed, the same remains to be valid and binding. The writ petition was disposed of in the year 2016. A belated application for recalling of the said order was filed thereafter. The same was also dismissed upon contested hearing on 15th November, 2019 but still the Principal Secretary has not yet condoned the deficiency of twenty-six days in qualifying service of the petitioner's deceased husband.

Considering the submissions of Mr. Majumder and since an appeal has been preferred on behalf of the State authorities, the matter stands adjourned.

List this matter for further consideration under the same heading in the daily supplementary list of this Court on 19th February, 2020, as fixed at 2 p.m.

The personal appearance of the alleged contemnor nos. 1 and 2 is dispensed with until further orders.