Barnali Misra (Mukherjee) v. State Of West Bengal And ORS.

24-06-2022 ct no. 13 Sl. 51 sp WPA 8826 of 2021 Smt. Barnali Misra (Mukherjee) -VersusThe State of West Bengal & Ors.

Mr. Indrajit Dutta, Mr. Suvajit Ghosh Dastidar, Mr. Asmanur Quail ...for the petitioner Despite service of notice, respondents are not represented.

The petitioner has prayed for refund of arrears of salary, amounting to Rs. 78,000/- and odd, for the period from September 1, 2017 to January 9, 2018. For the said period, the petitioner was placed on suspension in contemplation of departmental proceedings by the Respondent No.7, being the school authorities of Purba Khejurberia M.C. Institution (H.S.).

The suspension order was subsequently revoked on account of an order passed by the Respondent No.3, being the President of the West Bengal Board of Secondary Education, that noted that the allegations against the petitioner were unsubstantiated and that she was to be reinstated

immediately. It was also clarified that that the said period will be treated as on duty.

In that view of the matter, the petitioner claims refund of the said amount of money. A representation has been made to the President of the West Bengal Board of Secondary Education on February 23, 2021, which remains unconsidered. In that view of the matter, the D.I. of Schools (SE), North Parganas, being respondent no.5, shall consider and dispose of the petitioner's application, within a period of one month from the date of communication of a copy of this order, mandatorily and positively and shall serve such order on the respondent no.5, within a week thereof.

With the aforesaid observations, the writ petition shall stand disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)