- (1.) Facts : The petitioner was a LD Clerk working in the Health Department. Before he had entered into the service, he had obtained a Diploma in Engineering. Therefore, he had made a representation on 24th of November, 1978 that he should be given the benefit of the scale of a diploma holder Engineer and be treated as Sub-Assistant Engineer. This writ petition was disposed of on 20/08/1991. In the said order, it was held that the petitioner was entitled to the benefit of being treated as Sub-Assistant Engineer in terms of Notification No. 10303-F dated 19/11/1974 and the Rule was thus made absolute. It was further directed that the petitioner will get the scale of Rs. 425-1050/- from the date of presentation of the writ petition in 1986 including arrears of other allowances, but he will not be entitled to special pay and other allowances as the Sub-Assistant Engineers are entitled from 1/04/1978 onwards in terms of Memo. No. 4175-F, dated 4/04/1978. This order was directed to be given immediate effect in terms of the Notification dated 19/11/1974. Now it is alleged that the respondents have not complied with the said order. Therefore, contempt application has since been filed. 1.1 An Affidavit-in-Opposition has been filed. In the said Affidavit-in-Opposition, it was pointed out that the Notification dated 19/11/1974 was withdrawn with effect from 1st of April, 1981 by a Notification dated 30/07/1981. Therefore, the order passed in 1991 in the writ petition appears to create a situation, which has left the respondents face an extreme difficult situation in the implementation thereof. The said Notification dated 30/07/1981 provides that from the date of the notification, no one could be termed as Sub-Assistant Engineer. Submission on behalf of the Petitioner :
(2.) Mr. Bhattacharyya, learned Counsel for the petitioner, points out that there is an order of the Court. The embargo created by Notification dated 30/07/1981 cannot stand in the way, unless the respondents obtain an order of modification of the order or gets the order set aside by a competent Court of jurisdiction. This question cannot be gone into while deciding contempt, since the Contempt Court does not have the power to go behind the order of which contempt is alleged. Submission on behalf of the Respondents:
(3.) It is pointed out by Mr. Joydip Kar, the learned Counsel for the respondents, that the Notification dated 19/11/1974 provides for granting scale of Sub-Assistant Engineer to all Test Relief Overseer and other diploma holder Engineers. Therefore, in order to get the benefit of the said notification, one has to come within the scope and ambit of the Notification dated 19/11/1974. He has referred to the decision in State of West Bengal v. Debdas Kumar, 1991 (suppl) 1 SCC 138 : (1991 AIR SCW 704). 3.1 Mr. Kar has also relied upon another decision of the Apex Court in State of West Bengal v. Abhijit Chowdhary, Civil Appeal No. 4620 of 1998, disposed of on 4/09/1998 (1999 AIR SCW 4795), following the decision in Debdas Kumar (supra). 3.2 Relying on these decisions, Mr. Kar sought to point out that in view of such a situation, the petitioner, a Lower Division Clerk, could not be given the benefit of Sub-Assistant Engineer either the scale or the designation. Reply on behalf of the Petitioner :;