Debjani Biswas v. The State Of West Bengal And ORS

13.05.2024 Item No.08 DL Ct.18 A.J.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 7874 of 2024 Debjani Biswas -Vs- The State of West Bengal & Ors.

Mr. Partha Pratim Roy, Mr. Chiranjib Sinha.

.... for the Petitioner.

Mr. Kazi Sajjad Alam.

.....for the State.

Mr. Sanjan Kumar Baid.

.....for the respondent nos.5 & 6.

Mr. Partha Ganguly.

.....for the WBBSE.

The petitioner is a retired Assistant Teacher of St. Anthony's High School, Kolkata, she is praying inter alia disbursement of her retiral benefits including pension, together with arrears with interest.

The petitioner is also praying for release of arrear Dearness Allowance as per the Government rate.

M. Baid, learned Advocate for the School authorities, the respondent nos.5 and 6 herein submits that the school took a decision not to accept Government assistance in the form of Dearness Allowance with effect from June, 2013. A notice to the said effect dated May 07, 2013

was issued by the school authorities under the signatures of the teachers of the school, the petitioner is one of the signatories to the said notice, Mr. Baid files copy of the said notice. It appears from the said notice that the petitioner, till her retirement had received Dearness Allowance in the form of Special Allowance from the school authority.

In the backdrop of the aforesaid, the petitioner is not at all entitled to the reliefs as prayed for, on the contrary, her claims are not bona fide.

WPA 7874 is 2024 is dismissed with costs of Rs.10,000/- to be paid by the petitioner to the school authority within two weeks from date.

Parties to act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)