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Calcutta High CourtWPA/8583/2023dismissed

Asit Baran Dangar v. State Of West Bengal And ORS.

2024-01-08Hon'Ble Justice Biswajit Basu2 pages

08.01.2024 (M/L-34) Ct.-18 (Susanta) W.P.A. 8583 of 2023 Asit Baran Dangar -Vs- The State of West Bengal & Ors.

Mr. Kalyan Kumar Panda, Mr. Uttam Kumar Roy, Mr. Nirmalya Dhara, .... For the Petitioner.

Mr. Suman Dey, .... For the State.

Affidavit-in-opposition to the writ petition is filed on behalf of the District Inspector of Schools (S.E), Bankura, the respondent no. 3 herein, let it be kept with the record.

The petitioner though was appointed on March 31, 1994 but his appointment was approved vide Memo no. U/3425/S dated November 11, 2002 w.e.f. November 08, 2002.

The petitioner for correction of the said date of his approval of appointment had filed a writ petition being W.P. No. 17658(W) of 2017 and in compliance with the direction passed in the said matter, the date of appointment of the petitioner was approved with effect from the date of his appointment i.e. March 31, 1994 and consequential benefit of arrear salary was paid to him.

The petitioner is now praying interest on the said arrear salary for the delay in payment of it. The petitioner approached this Court after a lapse of almost 15 years to correct the date of approval of his appointment, therefore he himself

has attributed to the delay in disbursement of his arrear salary. The petitioner being a contributory to the delay complained of, is not entitled to the interest as prayed for.

W.P.A. 8583 of 2023 is dismissed with the above terms without any order as to costs.

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.)