TAPAS KUMAR MANDAL Vs. SEKHAR BASU & ORS

JUDGEMENT

(1.) The present contempt application has been preferred alleging violation of a judgment and order dated 29th June, 2017 in M.A.T 8 of 2017. In connection with the contempt application, the petitioner has filed four applications being C.A.N 1890 of 2018, C.A.N 4302 of 2018, C.A.N 6100 of 2018 and C.A.N 9265 of 2018 on 8th March, 2018, 2nd July, 2018, 16th August, 2018 and 28th November, 2018 respectively.

(2.) Dr. Tapas Kumar Mandal, the petitioner appearing in person, submits that in spite of full knowledge of the judgment dated 29th June, 2017, the alleged contemnors have not taken any step towards payment of arrear benefits to the petitioner consequent upon effect of promotion from Associate Professor 'E' grade to Professor 'F' grade, awarded by the Departmental Promotion Committee (in short, DPC) from 1st February, 2009 to 30th June, 2010, the date of his superannuation and fixation of basic pension considering the new basic pay. The promotional benefits and consequential retirement benefits have also been withheld. The contemnors deliberately and wilfully did not convene a meeting of the Governing Council of Saha Institute of Nuclear Physics (in short, SINP) following the bye-laws and did not take any step towards grant of promotion to the petitioner causing huge financial loss. Such lackadaisical attitude on part of the contemnors warrants imposition of exemplary punishment.

(3.) He further submits that the Governing Council only approves/vets the recommendation of the DPC. About nine months after the delivery of the judgment, the Governing Council meeting was held on 2nd February, 2018. The petitioner could have been easily promoted to the next grade professor "G" before his retirement on 30th June, 2010. As the disciplinary proceeding has been quashed, he is also entitled to the Performance Related Incentive (PRIS) from 2007. The Registrar of SINP did not take any initiative to release the aforesaid PRIS and thereby harassed the petitioner. The authorities of SINP have acted in an arbitrary and illegal manner. In support of such contention, the petitioner has filed the application being C.A.N 1890 of 2018 inter alia praying for penalising the contemnors by withholding their monthly salaries till the implementation of the judgment.