NDLI: Anil Ratan Sarkar and Ors. Vs. Hirak Ghosh and Ors.

Anil Ratan Sarkar and Ors. Vs. Hirak Ghosh and Ors.

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Anil Ratan Sarkar and Ors. Vs. Hirak Ghosh and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Contempt of Courts Act Jf!71: Section 2(b
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case Type	Contempt Petition
Court	Supreme Court of India
Disposal Nature	Others
Headnote	Contempt of Courts Act, 1971: Section 2(b)-Power under the Act-Exercise of-It should be exercised sparingly and in the larger interest of Society with utmost care and caution-Wiful dis-obedience of order would amount to contempt. Civil Service Personnel-Liability to comply with the order of the Court-It is not desirable to feign ignorance when the directions of the Court stands crystal clear in the Judgment-Hence Respondents guilty of contempt. Petitioners were appointed as Laboratory Assistants in non-govt. affiliated colleges in West Bengal. In addition to their normal duties, they have been imparting instructions to the students and performing demonstration work including preparation of the lesson units in the practical classes. They were being treated as teaching staff and accordingly pay and allowances had been paid to them until the issuance of the State Government Order in the Year 1969, according to which they were treated as non-teaching staff. Against the said order of the Government, representations were made by the petitioners but to no effect. Subsequently in 1983, the State Government redesignated the post of Laboratory Assistants as 'Laboratory Instructors' by issuing a notification wherein it was clarified that there would be no enhancement of pay and their status as non-teaching staff would remain unchanged. However, the Laboratory Assistants working in Government Colleges have been given the status and designation of Demonstrators and treated as teaching staff. Writ Petitions were filed for issuance of Writ of Mandamus to treat the petitioners as teaching staff as defined in the University Act and to give them scale of pay at par with Physical Instructions. Single Judge of the High Court allowed the writ petitions. In appeal by the State Government, Division Bench confirmed the Judgment of Single Judge. Hence State Government preferred special leave petition, and the Court by its order dated 26.7.1984 upheld the finding of the Single Judge with slight modification regarding effective date for implementation of revised pay scale and also for payment of arrears. Subsequently, State Government in purported compliance with the order of this Court issued a Circular conferring teaching status on the Laboratory Instructors and their pay scale was also revised but not in accordance with the order of the Court. Aggrieved, petitioners challenged the circular by filing a writ petition. Single Judge allowed it and quashed the Circular. However, Division Bench upheld the Circular. On a Special Leave Petition preferred by the petitioners, this Court restored the order of the Single Judge. But the State Government did not comply with the order inspite of repeated requests by the petitioners. Hence these contempt Petitions. It was contended for the Petitioners that fairness on the part of respondent was totally absent inspite of three final rounds of litigation upto this Court; and that the conduct of the respondents in not complying with the order of the Court was deliberate, perverse and in grossest violation of the order of this Court. Finding the Respondents guilty of Contempt, the Court.
Judge	Hon'ble Mr. Justice U.C. Banerjee
Neutral Citation	2002 INSC 131
Petitioner	Anil Ratan Sarkar And Ors.
Respondent	Hirak Ghosh And Ors.
SCR	[2002] 2 S.C.R. 346
Judgement Date	2002-03-08
Case Number	260-261

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