SUBRATA TALUKDAR,J. - (1.) The complaint in this Contempt Application (CPAN 64 of 2018) connects to the alleged contumacious conduct of the alleged Sole Contemnor/the Director of Public Instruction (DPI). The Applicant to CPAN 64 of 2018 alleges that the DPI deliberately did not comply with the unequivocal directions passed by this Court through its order dated 17th May, 2017 deciding the parent Writ Petition.
(2.) Mr. Basu, Learned Counsel appearing for the Applicant, submits that this Court, inter alia, held as follows on the 17th of May, 2017 (supra). (a) That the Memo of the State Govt. dated 10th November, 1994 modified the earlier Memo dated 21st May, 1990 by withdrawing the mandatory condition relatable to an employee completing 5 years of continuous service in a previous college. Thus, the State Respondents were wrong through their Memo dated 21st May, 1990 to impose upon the Applicant the mandatory condition of completing at least 5 years of service in the previous college. (b) This Court also held that the requirement of the Applicant to be confirmed in service through the College Service Commission requires to be waived since the petitioner was originally appointed to a minority institution and thereafter shifted to a permanent vacancy in a Government College. Since the minority institution to which the petitioner was appointed was not required to fill up its vacancies through the College Service Commission, the petitioner could not be treated as a regularly recruited lecturer. It would be relevant to mention in this connection that the DPI had approved the initial appointment of the petitioner in the minority institution on the 13th of April, 2000. (c) This Court had further held on 17th of May, 2017 that the claim of the petitioner was identical to one Mrs. Papia Sengupta who had served in the substantive post of lecturer at Serampore College.
(3.) Being satisfied on all of the above points (a), (b) and (c), (supra), this Court directed the DPI to revisit the issue in accordance with law and in the light of the observations made in the judgement dated 17th of May, 2017.;