West Bengal Administrative Tribunal
ORDER SHEET
OA-2122 OF 2012
CASE NO.
AVIJIT CHAKRABORTY
Serial No. and Date
of order
1
0
- vs Order of the Tribunal
With signature
2
State of West Bengal & Others
Office action with date
and dated signature of
parties when necessary
3
Order Sheet (continuation)
WEST BENGAL ADMINISTRATIVE TRIBUNAL
Page 1
AMARNATH DEB + 13 ORS.
PRADIP BHATTACHARJEE + 5 ORS.
- vs –
State of West Bengal & Others.
Case No. CCP-55/2009 along with CCP-71/2010
Serial No. and Date
of order
1
Order of the Tribunal
With signature
2
In CCP – 55 / 2009
_____________
27.08.2012
For the Applicants
:
Sk. Saifuddin, Ld. Adv.
In CCP – 71 / 2010
For the Applicants
:
Mr. S.N. Roy, Ld. Adv.
For the State Respondents : Mr. S. K. Sarkar, Ld. Adv.
in both the applications
We may refer to our earlier order dated 5th June,
2012 and in view of that order, today, we have taken up
both the contempt applications for final hearing and
disposal.
Petitioners of both the applications, with reference to
the order of this Tribunal, passed in O.A. 703 of 2003 dated
13th August, 2008 submit that there was clear direction upon
the respondent authority to consider the claim of
Office action with date
and dated signature of
parties when necessary
3
WEST BENGAL ADMINISTRATIVE TRIBUNAL
Order Sheet (continuation)
Page 2
AMARNATH DEB + 13 ORS.
PRADIP BHATTACHARJEE + 5 ORS.
- vs –
State of West Bengal & Others.
Case No. CCP-55/2009 along with CCP-71/2010
Serial No. and Date
of order
1
Order of the Tribunal
With signature
2
appointment of the persons empanelled, considering the
vacancy position available in the district of Uttar Dinajpur
after observing all necessary formalities and such process
have to be completed within a period of 6 weeks from the
date of communication of this order. The petitioners submit
that inspite of their repeated communications, the authority
of Uttar Dinajpur did not take any step for implementation
of the order of this Tribunal and hence, this contempt
application.
The contemnor opposite party is contesting both the
contempt applications by filing separate compliance report
wherein it has been stated that as per the direction of the
Tribunal, the authority of Uttar Dinajpur observed after
consultation of necessary record that none of the persons
empanelled was suitable for appointment following circular
of 1981 read with circular of 1995 and to elaborate the
ground, it has been specifically stated in the compliance
Office action with date
and dated signature of
parties when necessary
3
WEST BENGAL ADMINISTRATIVE TRIBUNAL
Order Sheet (continuation)
Page 3
AMARNATH DEB + 13 ORS.
PRADIP BHATTACHARJEE + 5 ORS.
- vs –
State of West Bengal & Others.
Case No. CCP-55/2009 along with CCP-71/2010
Serial No. and Date
of order
1
Order of the Tribunal
With signature
2
report that none of the petitioners could produce any paper
to satisfy their WHO Grade II deformity or requisitioning of
their name from the concerned exchange by the authority.
The contemnor opposite party also took the stand
that the Tribunal desired that having regard to vacancy
position, available in the district of Uttar Dinajpur and
subject to satisfaction of necessary formalities, petitioners
could be considered for appointment and at present, there is
no available vacancy for any leprosy hospital or clinic
within the district of Uttar Dinajpur.
The petitioners on receipt of the compliance report
and on getting the grounds for non-implementation of the
order of this Tribunal, have filed their written objection
contending inter alia that by filing compliance report, the
authority of Uttar Dinajpur is simply avoiding to implement
the order of this Tribunal without assigning any proper
Office action with date
and dated signature of
parties when necessary
3
WEST BENGAL ADMINISTRATIVE TRIBUNAL
Order Sheet (continuation)
Page 4
AMARNATH DEB + 13 ORS.
PRADIP BHATTACHARJEE + 5 ORS.
- vs –
State of West Bengal & Others.
Case No. CCP-55/2009 along with CCP-71/2010
Serial No. and Date
of order
1
Order of the Tribunal
With signature
2
reason.
It is pertinent to mention that at different points of
time, the contemnor opposite party was directed to satisfy
different queries thrown from this Tribunal and of late the
contemnor opposite party was directed to file copy of 1995
circular which has been mentioned in their first compliance
report. The contemnor opposite party has filed a copy of the
circular 1995 on the last occasion.
Today, at the time of final hearing, Mr. S.N. Ray
submits that petitioners have clearly stated in their written
objection at page 6 para 2(d) that at this stage, the contemnor
opposite party cannot go beyond the order of this Tribunal
and they are keen to get the order implemented as it stands
without making any modification or improvement on the
said order.
Office action with date
and dated signature of
parties when necessary
3
Order Sheet (continuation)
WEST BENGAL ADMINISTRATIVE TRIBUNAL
Page 5
AMARNATH DEB + 13 ORS.
PRADIP BHATTACHARJEE + 5 ORS.
- vs –
State of West Bengal & Others.
Case No. CCP-55/2009 along with CCP-71/2010
Serial No. and Date
of order
1
Order of the Tribunal
With signature
2
Mr. Ray along with Mr. Saifuddin categorically state
that once the panel was prepared it would be taken for
granted that the panel was prepared in accordance with law
and hence, at this stage, it is not open for the contemnor
opposite party to raise any question about merit, legality or
propriety of the authority.
Mr. Ray along with Mr. Saifuddin finally submit that
it would appear from subsequent report that there are
vacancies available within the district of Uttar Dinajpur and
hence, there cannot be any reasonable ground for the
contemnor opposite party not to implement the order.
Mr. Ray finally submits that in view of failure to
implement the order of this Tribunal, appropriate steps
should be taken by this Tribunal in accordance with law.
Mr. Sarkar, appearing for the contemnor opposite
Office action with date
and dated signature of
parties when necessary
3
Order Sheet (continuation)
WEST BENGAL ADMINISTRATIVE TRIBUNAL
Page 6
AMARNATH DEB + 13 ORS.
PRADIP BHATTACHARJEE + 5 ORS.
- vs –
State of West Bengal & Others.
Case No. CCP-55/2009 along with CCP-71/2010
Serial No. and Date
of order
1
Order of the Tribunal
With signature
2
party submits, with reference to the original compliance
report as well as the circular of 1995, that the authority was
very serious and sincere in implementing the order of this
Tribunal both in letter and spirit.
Mr. Sarkar submits that Tribunal directed the
authority to consider the appointment of the petitioners,
included in the panel, having regard to the vacancy position
available in the district of Uttar Dinajpur after observing all
necessary formalities.
Mr. Sarkar submits that the above direction of this
Tribunal may be divided into two major parts – one part,
availability of vacancy and second part, compliance of
necessary formalities.
Mr. Sarkar submits that the contemnor opposite party
clearly stated from official record that at present there is no
Office action with date
and dated signature of
parties when necessary
3
WEST BENGAL ADMINISTRATIVE TRIBUNAL
Order Sheet (continuation)
Page 7
AMARNATH DEB + 13 ORS.
PRADIP BHATTACHARJEE + 5 ORS.
- vs –
State of West Bengal & Others.
Case No. CCP-55/2009 along with CCP-71/2010
Serial No. and Date
of order
1
Order of the Tribunal
With signature
2
existence of any leprosy hospital or clinic in the district of
Uttar Dinajpur and by this time the entire system of the
engagement of leprosy patient as government servant in the
category of Group ‘C’ or Group ‘D’ has been done away
with with the changing situation.
Mr. Sarkar next submits that the Tribunal made it
clear that inclusion of panel and eligibility of petitioners so
included is to be taken into consideration only subject to
observing of necessary formalities and it is the specific case
of the contemnor opposite party that the petitioners failed to
satisfy two important ingredients of circular of 1981 read
with circular of 1995 by not producing any paper in support
of their WHO Grade II deformity or by producing any paper
regarding requisitioning of their name by the authority of
Uttar Dinajpur from concerned employment exchange and
in such situation, the authority could not implement the
order following the order of this Tribunal itself.
Office action with date
and dated signature of
parties when necessary
3
WEST BENGAL ADMINISTRATIVE TRIBUNAL
Order Sheet (continuation)
Page 8
AMARNATH DEB + 13 ORS.
PRADIP BHATTACHARJEE + 5 ORS.
- vs –
State of West Bengal & Others.
Case No. CCP-55/2009 along with CCP-71/2010
Serial No. and Date
of order
1
Order of the Tribunal
With signature
2
We have carefully considered submissions of both
Mr. Ray and Mr. Sarkar as well as Mr. Saifuddin. We have
also examined order of this Tribunal, the compliance report
submitted by the contemnor opposite party and also the
written objection submitted by the petitioners against such
compliance report.
There is no dispute that on the basis of a panel, the
petitioner approached this Tribunal for their appointment
and the Tribunal referred the matter to the C.M.O.H., Uttar
Dinajpur for appropriate action by recording a reasoned
order and the C.M.O.H. complied with the direction of this
Tribunal by recording a reasoned order and that reasoned
order was subject matter of challenge in O.A. 703 of 2009.
The Tribunal, without being satisfied with the
reasoned order, directed the C.M.O.H. to consider the claim
Office action with date
and dated signature of
parties when necessary
3
Order Sheet (continuation)
WEST BENGAL ADMINISTRATIVE TRIBUNAL
Page 9
AMARNATH DEB + 13 ORS.
PRADIP BHATTACHARJEE + 5 ORS.
- vs –
State of West Bengal & Others.
Case No. CCP-55/2009 along with CCP-71/2010
Serial No. and Date
of order
1
Order of the Tribunal
With signature
2
of appointment of the persons empanelled considering
vacancy position available after observing all necessary
formalities.
The contemnor opposite party in the compliance
report has categorically stated that there is no vacancy
available with it having regard to the special nature and
status of employment and that apart, from official record,
there is nothing to show that petitioners satisfied the
requirement of circular of 1981 read with circular of 1995
and for both the reasons, the authority would not implement
the order of this Tribunal.
There is no denying of the legal position that while
considering the contempt application, the Tribunal cannot
go beyond the original order and the Tribunal would only
see execution of the order of the Tribunal provided there are
sufficient practical and legal difficulty in not implementing
Office action with date
and dated signature of
parties when necessary
3
Order Sheet (continuation)
WEST BENGAL ADMINISTRATIVE TRIBUNAL
Page 10
AMARNATH DEB + 13 ORS.
PRADIP BHATTACHARJEE + 5 ORS.
- vs –
State of West Bengal & Others.
Case No. CCP-55/2009 along with CCP-71/2010
Serial No. and Date
of order
1
Office action with date
and dated signature of
parties when necessary
3
Order of the Tribunal
With signature
2
such order. Mr. Ray submits that at this stage, no question
can be raised about preparation of the panel, but we hold
that if for practical and legal reason, the person included in
the panel could not be considered for appointment, then,
Tribunal cannot insist the alleged contemnor opposite party
to do anything which is not permissible in law.
It is undisputed position that petitioners claimed their
appointment not as ordinary citizen, but, under provision of
special orders relating to ex-leprosy patients and first such
order was published in the year 1981 which was
subsequently modified in the year 1995.
If we consider the original order of 1981 together
with order of 1995, the undisputed position is that the
petitioners, to be eligible for appointment as ex-leprosy
patient, must have WHO Grade II deformity without which
they
cannot
be
considered
at
all
for
such
Order Sheet (continuation)
WEST BENGAL ADMINISTRATIVE TRIBUNAL
Page 11
AMARNATH DEB + 13 ORS.
PRADIP BHATTACHARJEE + 5 ORS.
- vs –
State of West Bengal & Others.
Case No. CCP-55/2009 along with CCP-71/2010
Serial No. and Date
of order
1
Order of the Tribunal
With signature
2
appointment and that apart, their names must be
requisitioned by the C.M.O.H. of Uttar Dinajpur from local
employment exchange.
In the compliance report, the contemnor opposite
party has categorically stated that petitioners of both the
applications failed to satisfy both the above points and in
view of this position, when we do not get anything from the
petitioners to hold otherwise, we hold that in such situation,
when law did not support the claim of appointment and
which goes unchallenged, we cannot insist the contemnor
opposite party to go beyond law and to implement the order
of this Tribunal.
In such situation, we dispose of both the contempt
applications without further order expecting the compliance
report of the contemnor opposite party.
Office action with date
and dated signature of
parties when necessary
3
WEST BENGAL ADMINISTRATIVE TRIBUNAL
Order Sheet (continuation)
Page 12
AMARNATH DEB + 13 ORS.
PRADIP BHATTACHARJEE + 5 ORS.
- vs –
State of West Bengal & Others.
Case No. CCP-55/2009 along with CCP-71/2010
Serial No. and Date
of order
1
Office action with date
and dated signature of
parties when necessary
3
Order of the Tribunal
With signature
2
Both the contempt applications stand disposed of.
Plain copy to both the sides.
Sd/SCN.
(K.K. BAGCHI)
MEMBER (A)
sd/(A.K. BASU)
CHAIRMAN