Putul Saha v. State Of West Bengal And ORS.

11.06.2024 Court No. 18 Item No. 47 (Suvendu) WPA 9329 of 2022 Putul Saha -Versus- State of West Bengal & Ors.

Mr. Shiba Prosad Bhatterjee ......... for the petitioner Mr. Pinaki Dhole Ms. Kakali Samajpati .......for the State respondents The petitioner is an Assistant Teacher in a Government aided High School. She joined the School on 9th October, 2009.

The grievance of the petitioner is nonpayment of arrear salary and incremental benefit from 19th August, 2013 to 5th August, 2015.

The petitioner prays for necessary direction for release of arrear salary along with incremental benefit for the aforesaid period.

Mr. Pinaki Dhole, learned advocate is representing the State respondents and submits on instruction in terms of the communication which has been received by the concerned District Inspector of Schools (SE), South 24 Parganas from the head of the institution that upto 31st October, 2013 salary was disbursed in

favour of the petitioner upon sanctioning leave but beyond 31st October, 2013 leave could not sanctioned by the said school authority since as per leave statement of the petitioner no leave was available.

Having considered the respective submissions made on behalf of the parties, this Court disposes of the writ petition by granting leave to the petitioner to make a comprehensive representation to the District Inspector of Schools (SE), South 24 Parganas within a period of fortnight from date claiming arrear salary and incremental benefit for the period from 2013 to 2015. If such representation is made within the aforesaid time, the concerned District Inspector of Schools (SE), South 24 Parganas is directed to consider the same within a period of twelve weeks from the date of receipt of the representation and pass a reasoned order on the claim of the petitioner relating to arrear salary and incremental benefit after granting opportunity of hearing to the petitioner and the concerned authority or their representative. The decision to be taken by the District Inspector of Schools shall be communicated to the parties within one week thereafter.

There shall be, however, no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)