AJIT KUMAR BANDAPADHYAY Vs. JAYSHREE CHOWDHURY

JUDGEMENT

(1.) This application for contempt arises out of an order dated 26-9-89, operative portion whereof reads thus -

(2.) The petitioner was S-2 Supervisor. He is a science graduate and also holds a post-graduate diploma. As he was not promoted to the next higher post which was filled up by direct recruitment, a suit was filed which was dismissed. An appeal was preferred against the said judgment. It was allowed and the matter was remitted back to the trial Court. After remand the suit was dismissed. The petitioner allegedly did not accept the salary from September, 197 9/08/1986 as according to him, he was being paid lower salary. He filed a writ application for payment of the salary and by an order dt. 26-9-89, S. K. Hajari, J. directed that the said amount be paid. The learned Judge as would appear from the order directed that as in the meanwhile the salary of the petitioner was being deposited in the bank account, the petitioner will be at liberty to withdraw the salary and allowances deposited by the respondent in the bank along with interest accrued thereon. On 11-11-89 the petitioner admittedly has been paid a sum of Rs. 92,974.23 paisa by way of salary from February, 1980 to August, 1986. It appears that the respondent filed an application for modification and by an order dated 2-2-1990, A. K. Nayak, J. passed the following order :-

(3.) Shri Vidyadharan, the learned Counsel appearing on behalf of the petitioner has drawn my attention to the statements made in paragraph 19 of the application and submitted that a sum of Rs. 15,032/- is still due to the petitioner from the respondent. It has been submitted that no salary has been paid from September, 197 9/01/1980 nor any interest has been paid to him.