Calcutta High Court (Appellete Side)
Md. Alauddin Molla vs Md. Abdur Rajjak Molla on 23 September, 2021
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
97 23.09.2021
Ct. No.23 pg.
IN THE HIGH COURT AT CALCUTTA SPECIAL CIVIL JURISDICTION APPELLATE SIDE CAN 4 of 2021 in WPCRC 18195 of 2000 with CAN 2 of 2011 (CAN 9319 of 2011) with CAN 3 of 2021 in WPA 21325 of 1999 Md. Alauddin Molla Vs. Md. Abdur Rajjak Molla Mr. Prabir Banerjee ... For the applicant/petitioner Mr. Tapan Kumar Mukherjee Mr. Shamim ul Bari Mr. Suman Dey ... For the alleged contemnor In re: CAN 3 of 2021 Affidavit of service filed in Court today is taken on record.
CAN 3 of 2021 is an application filed in the pending contempt proceedings for adding Pradyot Sarkar, the present District Inspector of Schools (SE), South 24- Parganas, as an alleged contemnor. A copy of the contempt application has already been served on Pradyot Sarkar. The said Pradyot Sarkar is also represented by advocates.
CAN 3 of 2021 is disposed of by formally adding Pradyot Sarkar, the present District Inspector of Schools (SE), South 24-Parganas, as an alleged contemnor no.2. 2 Advocate for the petitioner is given liberty to add Pradyot Sarkar by making amendment in the cause title of the contempt petition. A copy of the amended contempt petition shall be served on Pradyot Sarkar.
In re: CAN 4 of 2021 CAN 4 of 2021 has been filed by the alleged contemnor no.2 in the contempt petition. The contempt petition was filed on or about 3rd July, 2000 and has remained pending till date since the order in contempt has not been complied with. The order in contempt is dated 22nd December, 1999 passed in WP No.21325 (W) of 1999. In the said application, the alleged contemnor, Pradyot Sarkar, as applicant, has sought for recalling of the order in the contempt proceedings initiated pursuant to issuance of Rule, being WPCRC 18195 of 2000, after condoning the delay.
The Rule as appears from the record was issued on 13th November, 2000. The recalling application is governed by the provisions of Article 137 of the Limitation Act, 1963. A recalling application therefor was required to be filed within three years from the date of passing of the order sought to be recalled.
In the instant case, the alleged contemnors have approached this Court after about 21 years. A right, therefor, has accrued in favour of the petitioner and, as such, the petitioner is required to be given an opportunity to disclose his stand on affidavit. 3
Affidavit-in-opposition to CAN 4 of 2021 be filed by 6th October, 2021. The petitioner shall immediately after filing of the affidavit-in-opposition serve a copy of the same on Mr. Suman Dey, the learned advocate representing the alleged contemnors. The alleged contemnors shall file the reply, if any, by 9th November, 2021.
Let this application appear on 11th November, 2021.
In Re: WPCRC 18195 of 2020 The supplementary affidavit in terms of the order dated 9th September, 2021 filed in Court today is taken on record.
The alleged contemnors say that there were six sanctioned posts at the time when the order dated 22nd December, 1999 was passed. Out of the six sanctioned posts, one post was for a Bio Science teacher. The petitioner's services could not have been regularised against such sanctioned post in view of the qualification of the petitioner. So far as the five other sanctioned posts are concerned, at the relevant point of time (i.e., 22nd December, 1999) all the five posts were already filled up and, as such, the order dated 22nd December, 1999 could not be complied with. The fact remains that the alleged contemnors did not approach the Court seeking clarification of the order dated 22nd December, 1999 4 stating the fact which is now submitted. The alleged contemnors have also not preferred any appeal against the order dated 22nd December, 1999. After 22 years, the alleged contemnors say that the order could not be complied with because there was no vacant sanctioned post against which the petitioner's services could have been regularised in compliance of the order dated 22nd December, 1999.
Assuming without admitting the submissions made by the alleged contemnors that the petitioner's services could have been regularised the moment one of the five sanctioned posts fell vacant with the transfer and/or superannuation and/or for leaving the job of any of the teachers holding such five sanctioned posts, but the same has not been done.
Mr. Pradyot Sarkar, the present District Inspector of Schools (SE), South 24-Parganas, being the alleged contemnor no.2, is directed to be present in Court on 30th September, 2021 with the name of the persons who were holding the said five sanctioned posts on 22nd December, 1999 and as to when the said persons vacated the post on transfer and/or superannuation and/or for leaving the job.
Let the contempt petition appear on 30th September, 2021.
(Arindam Mukherjee, J.)