Shri S.S.Senthil and Ors. Vs the Union of India and Ors.

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IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ]

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WP.CT/50/2024

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Shri S. S. Senthil Others

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Vs.

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The Union of India and Others

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Mr. Arul Prasanth … for the petitioners Mr. Shatadru Chakraborty, Sr. Adv. Mr. Rakesh Kumar Mr. Dibesh Dwivedi … for the respondents

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December 12, 2024 [SR] Item no. 3

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The petitioners approached the learned Central Administrative Tribunal, Kolkata Bench by filing the Original Application being OA/351/01181/2024/AN which was heard and disposed of by the Tribunal on 08.08.2024 by directing the respondent authority to take appropriate steps to confirm the applicants’ service from the date they would be entitled in terms of their appointment letter and grant consequential benefits within a period of three months from the date of receipt of the certified copy of the order.

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The Tribunal passed the said order by opining that the applicants are similarly situated as one T.Leena and the benefits extended to the said T.Leena to be extended to the applicants.

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As the time period for complying with the direction passed by the Tribunal was three months, an application for

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extension of time for compliance of the Court’s order was filed by the authority before the Tribunal being MA/1055/2024.

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As the order was not complied with within the specified time period. The applicants filed contempt application being CP/198/2024.

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On 06.12.2024, the application seeking extension of time was considered by the Tribunal and the time has been extended till 20.12.2024 for compliance of the Court’s order. 6. Learned advocate representing the petitioners submits that the petitioners are suffering for the last 23 years and the authority ought to act in accordance with the order passed by the learned Tribunal without any further delay. 7. Prayer has been made to direct the Tribunal to dispose of the contempt application without granting any further extension to the respondents.

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Learned advocate representing the respondents raises objection with regard to the maintainability of the writ petition. It has been submitted that the petitioners are not aggrieved by any order passed by the Tribunal and this Court ought not to tie the hands of the Tribunal by directing the Tribunal to dispose of the matter on the very next date.

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Upon hearing the parties and upon perusal of the materials on record, it appears that the order passed by the Tribunal on 08.08.2024 has not been challenged by any of the parties. The said order is binding inter se the parties and the respondents are duty bound to comply the same.

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The application for contempt is pending. The application for extension of time to comply with the order stood disposed of by the Court on 08.08.2024.

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The Tribunal is hereby requested to proceed with the contempt application if the order passed by the Tribunal is not complied with by the respondents within the extended time period. Endeavour shall be made to ensure that the contempt application stands disposed of at the earliest without granting unnecessary adjournment to any of the parties.

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The writ petition stands disposed of. No order as to costs. 13. Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of usual formalities.

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( Amrita Sinha, J. )

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( Uday Kumar, J. )

Shri S.S.Senthil and Ors. v. the Union of India and Ors.

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Shri S.S.Senthil and Ors. v. the Union of India and Ors.

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