Chaitanya Bhattacharjee v. State Of West Bengal & ORS

05.1.2021 gd WPA 5463 of 2020 (Via Video Conference) Chaitanya Bhattacharjee Vs.

The State of West Bengal and Ors.

Mr. Jayanta Samanta Md. Sarwar Jahan ..for the petitioner.

Mr. Gourav Das ..for the Respondent Nos.1, 4 and 5.

Mr. Arindm Chattopadhyay ..for the Respondent No.3.

The writ petitioner is working as Teacher-inCharge at Bechumiya Primary School, P.O. Santipur, District Nadia. In view of the involvement of the writ petitioner in a criminal case, the petitioner had suffered jail custody for a continuous period exceeding 48 hours and as such the Nadia District Primary School Council had suspended him as per the relevant rules.

By a communication dated January 10, 2020 the said Nadia District Primary School Council had issued and served the suspension order upon the writ petitioner. From the said document it appears that the concerned School Council had agreed to pay the subsistence allowance to the writ petitioner as per the rules.

Md. Sarwar Jahan, learned Advocate appearing

for the writ petitioner submits that despite such communication dated January 10, 2020 being issued, the writ petitioner till date has not received the subsistence allowance.

Mr. Arindm Chattopadhyay, learned Advocate representing the respondent no.3 submits, that the writ petitioner was required to make necessary application before the respondent no.4 for release of such subsistence allowance but the writ petitioner failed to do so. He further submits that the requirement of law is that unless such an application is made by the writ petitioner before the respondent no.4, no such subsistence allowance can be released and accordingly the petitioner did not receive such subsistence allowance.

Mr. Gourav Das, learned Advocate appearing for the State respondent submits that necessary application has to be made before the respondent no.4 by the writ petitioner and the release of subsistence allowance will be done by the respondent no.3. In view of the above, this court is of the view, that in the event the writ petitioner applies before the respondent no.4 in strict compliance of the rules prevailing and upon being satisfied with the same, the respondent no.4 should immediately forward the same to the respondent no.3 and the respondent no.3, in

turn, will immediately release the necessary subsistence allowance to the writ petitioner in accordance with law. The entire exercise must be carried out and completed within a period of six weeks from the date of receipt of the application of the writ petitioner by the respondent no.4.

Copy of the writ petition containing the annexures handed over by the learned Advocate for the writ petitioner is kept with the record.

On the aforesaid terms, WPA 5463 of 2020 stands disposed of.

There will be no order as to costs.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Aniruddha Roy, J.)

e