Santanu Ghosh v. State Of West Bengal And ORS.

S/L 9 28.01.2021 Court No.26 SD WPA 551 of 2021 (Via Video Conference) Santanu Ghosh Vs.

State of West Bengal & Ors.

Mr. Biswarup Nandy Mr. Sourav Halder ... for the Petitioner.

Mr. Supriyo Chattopadhyay Mr. Sabyasachi Mondal ... for the State.

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 school authorities in completing his pension papers in the proper manner and with the proper calculation.

I have heard counsel appearing on behalf of the petitioner and also Mr. Supriyo Chattopadhyay, counsel appearing on behalf of the State respondent.

In spite of service none has appeared on behalf of the school authorities in Court today when the matter is taken up. Accordingly, I draw an adverse inference against the school authorities.

From the documents perused, it is evident that the Carrier Advancement Scheme has not been properly applied in the case of the petitioner and therefore, petitioner's papers are shuttling from the District Inspector of School's office to the school authorities.

Mr. Chattopadhyay submits that the concerned District Inspector of Schools (SE) has very recently, that is, January 19, 2021 sent a letter to the Teacher-in-Charge of the school explaining the details required and the manner of calculation. He further submits that in the event details are send to the District Inspector of Schools in the proper manner, the pension shall be released in favour of the petitioner at the earliest.

In light of the same, the Teacher-in-Charge of the concerned school being the respondent no.4 herein is directed to reply to the letter dated January 19, 2021 within a period of 10 days from the date of communication of this order to the concerned District Inspector of Schools (SE). The concerned District Inspector of Schools (SE) and the authority concerned shall, therefore, act in accordance with law and start the pension in favour of the petitioner expeditiously.

With these observations, WPA 551 of 2021 is disposed of.

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

There will be no order as to costs.

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.)