AVANINDRA SINGH Vs. KRISHNENDU GHOSHAL

JUDGEMENT

(1.) The short point involved in the instant appeal is whether the court sitting in contempt jurisdiction can grant a relief which was not granted while exercising jurisdiction under Article 226 of the Constitution of India.

(2.) The alleged contemnors in an application for contempt for alleged violation of an order dated September 22, 2016 passed in WP No. 17609 (W) of 2016 have preferred the instant appeals against the orders dated July 17, 2018 and September 5, 2018 both passed by the learned Single Judge of this Hon'ble Court.

(3.) The mother of the writ petitioner worked as an Assistant Teacher in Munshirhat Board Primary School (hereinafter referred to as the "the said school"). The petitioner's mother died on December 1, 2010 and as a result, the petitioner was suffering from extreme financial hardship. The writ petitioner applied before the Chairman of District Primary School Council on September 21, 2011 praying for appointment on compassionate ground. The Chairman of the District Primary School Council, Howrah, issued a Memo dated August 5, 2014 requesting the Commissioner of School Education, West Bengal to look into the matter for appointment of the writ petitioner. The Commissioner of School Education did not take any steps with regard to the petitioner's prayer for compassionate appointment since 2014 and as such the petitioner filed a writ petition being WP No. 17609 (W) of 2016.