SANTI BHATTACHARYA Vs. TAPAS KUMAR BOSE
LAWS(CAL)-2007-3-39
HIGH COURT OF CALCUTTA
Decided on March 08,2007

SANTI BHATTACHARYA Appellant
VERSUS
TAPAS KUMAR BOSE Respondents

JUDGEMENT

- (1.) This is an application for contempt for violation of a judgment and order dated 22nd August, 2003 of this Court in the writ petition being C.O. 10929 (W) of 1994, the operative portion whereof is extracted hereinbelow for convenience : "The writ application is therefore, disposed of by setting aside and/or quashing the Memo dated 9th January, 1992 to the extent that the services of the petitioners have been approved with effect from 1st May, 1991. The respondents shall accord post facto approval of the appointment of the petitioners as Assistant Teachers of the school with effect from the respective dates of their initial appointment as Assistant Teachers of the school. The salary and allowances of the petitioners shall forthwith be computed after notionally fixing the same from the respective dates of their initial appointment and after notionally giving the petitioners the benefit of any increments/enhancements as per the rules on and from the said dates. The petitioners shall be entitled to the benefit of the revision, if any, of salary and allowances as aforesaid, from the next month onwards (September, 2003). In computing the terminal/ retirement benefits of the petitioners the entire period of service rendered by the petitioners to the school shall be taken into account and the petitioners shall be given the benefit of notional fixation of salary, notional increments and revision, if any, of salary and allowances. It is, however, made clear that the petitioner shall not be entitled to any arrears of salary and allowances."
(2.) The petitioners claim to have been appointed teachers of Ariadaha Kalachand High School, hereinafter referred to as the school with effect from 1st July, 1976.
(3.) By an order dated 9th January, 1992, the District Inspector of Schools, Primary Education, North 24 Parganas approved the appointments of the petitioners with effect from 1 st May, 1991.;


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