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Calcutta High CourtFMA/804/2019disposed

The Chairman, Dpsc, Nadia v. Tapan Kr. Halder & ORS.

2020-01-13Hon'Ble Justice Soumen Sen,Hon'Ble Justice Saugata Bhattacharyya3 pages

Ct-08 ar 21.03.2024 CPAN 206 of 2021 Tapan Kumar Halder

Versus

Jyoti Prokash Ghosh in FMA 804 of 2019 Mr. S.N. Biswas ... For the Applicant/ Writ Petitioner Mr. Arindom Chottopadhyay ... For the DPSC, Nadia

1. There has been an inordinate delay on the part of the authority concerned to act in accordance with the order passed on 13th January, 2020.

We are not at all satisfied with the explanations offered by the Chairman, District Primary School Council, Nadia in not extending the benefit with regard to A category scale of pay within four weeks from 13th January, 2020. A belated application for modification was filed on 1st March, 2021 without any merit.

2. Under such circumstances, we direct the Chairman, District Primary School Council, Nadia, to pay a sum of Rs.10,000/- to the writ petitioner within two weeks from date by demand draft.

3. After such amount is paid to the petitioner, we may consider whether we should purge the

contemnor for the delayed decision.

4. The matter shall appear in the list on 10th May, 2024.

5. We hope all consequential steps for release of arrears in connection with A-category scale of pay shall be processed immediately and hopefully the petitioner receives the monetary benefits in terms of the order of this Court by 30th April, 2024.

6. The parties are directed to immediately communicate this order to the District Primary School Council, Nadia and the Director of Pension, Provident Fund and Group Insurance, West Bengal.

7. The affidavit of compliance filed by the Chairman, District Primary School Council, Nadia is taken on record.

(Soumen Sen, J.) (Saugata Bhattacharyya,J.)