Rajashree Chakrabarti Mullick And ORS v. State Of West Bengal And ORS.

01. 04. 2022 BP Sl. 261 Court No. 17 WPA 3563 of 2022 (Via Video Conference) Rajashree Chakrabarti Mullick & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Anjan Bhattacharya Ms. Anita Shaw ..for the petitioners.

Mr. Sakti Pada Jana Mr. Subhajyoti Das ..for the School.

The supplementary affidavit and affidavit of service filed in court today be kept on record. Learned advocate for the petitioners submits that the District Inspector of Schools is required to revisit the matter as has been prayed in prayer (a)(ii) in respect of the petitioners' representation dated 17.09.2019 which is Annexure P-6 to the writ application. Nobody appears for the State.

Mr. Sakti Pada Jana, learned advocate for the school has submitted that he has nothing to say if the matter is remanded back to the District Inspector of Schools.

Hence, I direct the concerned District Inspector of Schools to give an opportunity of hearing to the

petitioners or their representative within a period of four weeks from the date of communication of this order to decide the same and to pass a reasoned order within a period of two weeks thereafter.

Unless the order of the DI which is very cryptic order regarding fixation of pay (dated 02.03.2020) is set aside, the present order cannot be given effect to. Hence, the said order dated 02.03.2020 bearing memo no. 475/m is set aside.

If there are differences in the three representations the DI will take note of the differences in those three representations at the time of hearing of the parties.

The petitioners are granted liberty to use the supplementary affidavit at the time of hearing before the concerned District Inspector of Schools.

With the above direction, this writ application is disposed of.

(Abhijit Gangopadhyay, J. )