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Debabrata Dasgupta Vs State of Jharkhand and Others

Case No: Cont. Case (Civil) No. 51 of 2012

Date of Decision: Sept. 5, 2012

Hon'ble Judges: P.P. Bhatt, J

Bench: Single Bench

Advocate: Sidharatha Roy, for the Appellant;

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Judgement

P.P. Bhatt

1. Present contempt petition has been filed as the order dated 4.7.2011 passed by this Court has not been complied with. Learned Counsel

appearing for the opposite party-State Government, while referring supplementary show-cause, pointed that the Accountant General, Jharkhand

has issued pay slip No. G.E.-2 Medo-D-1-7-709 dated 18.01.12 authorized him the pay of Associate Professor w.e.f. 05.07.88 (Notional) and

financial benefit w.e.f. 15.11.2000 i.e. the date of creation of the State of Jharkhand and thus the order passed by the Court has been complied

with in letter and spirit.

2. According to the Learned Counsel for the petitioner, the order passed by this Court has not been fully complied with.

3. Learned Counsel for the petitioner submitted that in compliance of the order passed by this Court dated 4.7.2011, answering opposite party has

issued notification No. 385(7A) dated 26.9.2011 and has withdrawn the letter dated 20.06.2009.

4. As against that the Learned Counsel for the applicant submitted that by order dated 4.7.2011 this Court was pleased to quash and set aside the

order dated 29.6.2009 passed by the Secretary, State of Jharkhand by holding that the petitioner was entitled for promotion in the year 1983 itself

but as the petitioner was promoted w.e.f. 1988, according to him, the benefit of pay was required to be extended from the said date.

5. Learned Counsel for the opposite party-State Government seeks two weeks'' time to take further instruction and to file further supplementary

show-cause in the matter.

6. Put up this case on 19th of September, 2012.

7. Authorities concerned shall submit the show-cause by the next date, failing which further appropriate order will be passed asking the officer

concerned to remain personally present before this Court. Let a copy of this order be provided to the Learned Counsel for the opposite parties.