Purabi Chandra v. State Of West Bengal And ORS.

27 09.02.2021 Sc W.P.A. 7277 OF 2019 ---------- (Via Video Conference) Purabi Chandra -vs.- The State of West Bengal & Ors.

Mr. Saibal Acharya Mr. Pradip Kumar Ghosh.

....For the Petitioner Mr. Bhaskar Prosad Vaisya ....For the State Mr. Kaushik Chatterjee Mr. Nilanjan Adhikari Ms. Sreya Chakraborty.

....For the Respondent No.5.

1.

This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by the inaction on the part of the respondents authorities including the school authorities in processing her re-fixation of pay that includes incremental benefits. 2.

Counsel appearing on behalf of the school authorities submits that the calculation for the same has been sent to the District Inspector of Schools (S.E.), Hooghly [hereinafter referred to as the D.I.]. 3.

Mr. Vaisya, learned counsel appearing on behalf of the D.I. submits that the D.I. may be directed to pass a reasoned order after granting an opportunity of hearing to the petitioner.

4.

In my view, this matter has to be sorted out properly by the authority concerned. In light of the same, I direct

the D.I. to grant an opportunity of hearing to the petitioner and thereafter pass a reasoned order within a period of four weeks from the date of communication of this order. The reasoned order should be communicated to the petitioner within a week of passing of the same. 5.

Once the decision is taken by the D.I., consequential pensionary benefits should follow expeditiously. 6.

With the above direction the writ petition is disposed of. There will be no order as to costs.

7.

I make it clear that I have not gone into the merits of this case.

8.

Since no affidavit-in-opposition is called for, the allegations made in the writ petition are deemed not to have been admitted.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Shekhar B. Saraf, J.)