Ram Chandra Mishra v. State Of West Bengal And ORS.

10.03.2025 (D/L 17) Ct.-19 (Susanta) Samar)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 11804 of 2024 (Assigned) Ram Chandra Mishra -VsThe State of West Bengal & Ors.

Mr. Sunit Kumar Roy, .... For the Petitioner.

Ms. Koyeli Bhattacharyya, .... For the WBBSE.

Mr. Himadri Sikhar Chakraborty, Mr. Debapriya Biswas, .... For the Respondent No. 6.

Ms. Bhattacharyya, learned advocate for the West Bengal Board of Secondary Education informs this Court that no disciplinary proceeding has been initiated against the petitioner.

The petitioner is a Group- 'D' staff of Vikram Vidyalaya (Branch), Howrah. The petitioner wanted to resume his duty on return from leave but the school authority did not allow him to join, as a result, he was absent for the period of 1st November 2018 to July 30, 2021.

However, a Co-ordinate Bench of this Court by an order dated July 28, 2021 passed in WPA 19830 of 2019 had directed the school authority to allow the petitioner to resume his duty and only thereafter he was allowed to join the school.

The petitioner is praying arrear salary for the said period when he was not allowed to join the school.

A representation of the learned advocate for the petitioner dated April 15, 2024 praying such relief forms part of the writ petition being annexure P-11. The Commissioner of School Education, Government of West Bengal, the respondent no. 4 herein, is directed to consider the said representation of the petitioner in accordance with law after giving the petitioner and the school authority opportunity of hearing and to dispose it of as expeditiously as possible preferably within a period of eight weeks from the date of communication of this order. W.P.A. 11804 of 2024 is disposed of with the above terms without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court.

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.)