Joydeb Goldar v. State Of West Bengal And ORS.

31.01.2022 SL No. 18 Court No. 24 (P.M) WPA 10151 of 2021 Joydeb Goldar Vs The State of West Bengal & Ors.

(Via Video Conference) Mr. K.M. Hossain ... for the petitioner Mr. Kartik Chandra Kapas, Ms. Chaitali Battacharyya ... for the State.

The petitioner is a retired primary school teacher. He was issued PPO on 9th December, 2015 wherein a sum of Rs. 3,66,347/- was deducted. The petitioner challenged the deduction by filing a writ petition being W.P. No. 3863(W) of 2018. The said writ petition was disposed of by this Court on 24th December, 2019 directing the respondent authority to pass an amended and fresh PPO removing the deduction order in favour of the petitioner.

Pursuant to the direction passed by this Court fresh PPO was issued in favour of the petitioner on 5th March, 2020.

The petitioner filed the present writ application praying for interest on account of withholding the sum of Rs. 3,66,347/- and paying the same to the petitioner at a delayed point of time.

The petitioner claims to have made a representation before the respondent authorities on 16th April, 2021 with a prayer for releasing the interest on account of delayed payment of the aforesaid amount.

It does not appear that the said representation was served upon the respondents. There is no proof of service of the aforesaid representation in the office of the respondent authorities.

In view of the above, it will be open for the petitioner to make appropriate representation before the respondent nos. 3 and 4 highlighted his grievances along with all supporting documents.

In the event, such a representation is made, the respondent No. 4 shall consider the same strictly in accordance with law, at the earliest, but positively within a period of ten weeks from the date of receipt of the representation. It will be open for the respondent no. 4 to consult the records available in the office of the respondent no. 3, if required, at the time of consideration of the representation of the petitioner. It is made clear that the Court has not entered into the merits of the claim of the petitioner and all points are left open to be decided by the said respondent at the time of consideration of the representation of the petitioner.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities.

(Amrita Sinha, J.)