The main legal point established is that a contractual employee is entitled to salaries unless there is an official reason requiring them to stay away from work, and the pendency of a departmental proceeding can impact the entitlement to service benefits.

JUDGMENT

Subrata Talukdar, J. - These two appeals are connected in nature. APO 37 of 2022 arises out of a contempt application number CC 3 of 2021. CC 3 of 2021 in turn arises out of the alleged non-compliance by the appellants of the parent Order dated 19th October, 2020 in the writ petition being WPO 288 of 2020. The appellant before this Court is the West Bengal Transport Corporation Limited (for short the Corporation) represented by its Managing Director (the MD).

2. The contesting respondent in both the appeals is the writ petitioner in WPO 288 of 2020 who is the applicant in CC 3 of 2021, one Tripti Ranjan Roy.

3. By the parent Order dated 19th October, 2020, the Hon'ble Single Bench primarily dealt with the question of payment of salaries to the writ petitioner for the period between 28th January, 2020 and May, 2020. It would be relevant to note that the writ petitioner was served with a showcause notice on 28th May, 2020 for an alleged event of delinquent behaviour which took place on the 27th of January, 2020 on the Bus Route Joka to Digha of which the writ petitioner was the Conductor.

4. The stand of the writ petitioner before the Hon'ble Single Bench and also before this Court is to the effect that the writ petitioner was verbally asked not to report for work from 28th January, 2020.

5. The appellant/the Corporation has submitted before this Court that the writ petitioner is a contractual employee and the reason for withholding payment of salaries is connected to the fact that his Attendance Register was not signed during the period in issue, i.e. January, 2020 to May, 2020.

6. Upon noticing the opposing contentions of the parties, the Hon'ble Single Bench made it clear that there was no official communication of any charge relating to the Departmental Proceeding (for short DP) proposed to be held against the writ petitioner for the period between January to May 2020. The Hon'ble Single Bench further held that since the communication dated 28th May, 2020 can be treated to be the first official direction requiring the writ petitioner's abstention from work in view of the DP proposed, it must be inferred that till 28th May, 2020, there was no official reason requiring the writ petitioner to stay away from work.

7. To the above reasoning disclosed in the order of the Hon'ble Single Bench dated 19th October, 2020 (supra), the writ petitioner in this appeal has relied on the additional ground that the Standing Orders (for short SOs) of WBTC only provide for adoption of disciplinary action against an employee in the event of an unauthorised absence for more than seven days which shall amount to a Major Misconduct.

8. It is therefore submitted by the writ petitioner in this appeal that since no official steps were taken against him till 28th May, 2020, the writ petitioner is eligible for receiving his monthly salaries for the period January, 2020 to May, 2020.

9. In the context of the above stated discussion, it would be next relevant to notice the solemn order of the Hon'ble Single Bench dated the 19th of October, 2020, also holding that since there is no order of suspension against the writ petitioner for the period January to May 2020, there is no question of paying subsistence allowance to the writ petitioner for the period January to May 2020. Accordingly, the Hon'ble Single Bench directed that the writ petitioner be paid his regular salaries for the months January, 2020 to May, 2020 and, in view of the show-cause notice of the proposed DP issued against the writ petitioner on 28th May, 2020, the writ petitioner be paid subsistence allowance with effect from 1st June, 2020 until the DP stands formally concluded.

10. Challenging the non-execution by the appellant of the Order dated 19th October, 2020, the writ petitioner instituted contempt proceedings by way of CC 3 of 2021. By the Order dated 17th February, 2022 in CC 3 of 2021, the Hon'ble Single Bench was, inter alia, pleased to reiterate its directions dated 19th October,