Partha Sen v. State Of West Bengal And ORS.

28.08.2023 Item No.12 Ct. No. 238 AKG WPA 8542 of 2023 Partha Sen Vs.

The State of West Bengal & Ors.

Ms. Malabika Roy Dey ...for the Petitioner Mr. Syed Mansur Ali ...for the Respondent No. 2 Mr. Arindam Chattopadhyay, Ms. Lipika Chatterjee ...for the State The petitioner retired as an Associate Professor of Narasinha Dutt College, Howrah on February 28, 2007. A sum of Rs. 1,46,501/- was paid to the petitioner on account of leave encashment.

The petitioner, by filing this writ petition, claims the differential amount of leave encashment after refixation of his pay under ROPA-2006. The college has filed a report.

The State has made over a copy of the letter dated March 14, 2023 issued by the Higher Education Department, Government of West Bengal addressed to the Principal of the college seeking certain information relating to the claim for leave enhancement of the petitioner.

Given the above facts, I dispose of this writ petition with a direction upon the college to furnish the required information as sought by the

Department of Higher Education, Government of West Bengal by the letter dated March 14, 2023 within a period of three weeks from the date of communication of this order.

After such response, the Director of Public Instruction, West Bengal shall take a decision with regard to the payment of differential amount of leave encashment within a period of one month. The Director of Public Instruction will be at liberty to hear the petitioner as well as the college in arriving at the decision.

Learned advocate appearing for the State shall make over a copy of the said letter dated March 14, 2023 to the learned advocate representing the college in course of this day.

WPA 8542 of 2023 is disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Kausik Chanda, J.)