Satyajit Kr. Mondal v. State Of West Bengal & ORS.

Item No.17 In The High Court At Calcutta Constitutional Writ Jurisdiction (via video conference) 04.01.2022 Ct-24 WPA 3396 of 2020 Sri Satyajit Kumar Mondal v.

The State of West Bengal & Ors.

with CAN 1 of 2021 (Application not on record) Mr. Mir Anwar ... for the petitioner.

The petitioner, an Assistant Teacher of a primary school was placed under suspension by the Chairmanin-Charge, District Primary School Council, North 24 Parganas by memo dated January 29, 2018.

The grievance of the petitioner is that he has not been paid his subsistence allowance.

The petitioner filed several representations praying for releasing his subsistence allowance and alleges that the same have not been taken into consideration till date.

None appears on behalf of the respondent authorities despite service.

Affidavit-of-service filed in Court today is taken on record.

As it appears that the representation of the petitioner seeking subsistence allowance is pending

consideration at the end of the Chairman, District Primary School Council, accordingly the instant writ petition is disposed of by directing the respondent no. 2 being the Chairman, District Primary School Council, 24 Parganas (North) to take a decision with regard to the prayer of the petitioner for disbursal of the subsistence allowance in his favour strictly in accordance with law, at the earliest, but positively within a period of ten weeks from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to the petitioner immediately thereafter.

In the event, the Chairman is of the opinion that the petitioner is entitled to receive subsistence allowance, then necessary consequential steps shall be taken by the said respondent for disbursal of the dues of the petitioner.

The petitioner is directed to forward a copy of his representation praying for subsistence allowance and a copy of order of his suspension to the aforesaid respondent at the time of communicating the order of the Court.

The writ petition and the connected application stand disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

Sh (Amrita Sinha, J.)