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Calcutta High CourtWPA/8579/2009disposed

Sankar Ranjan Das v. State Of West Bengal & ORS.

2025-05-06Hon'Ble Justice Rai Chattopadhyay3 pages

06.05.2025 Court No. 25 D.Hira WPA 8579 of 2009 Sankar Ranjan Das Vs.

State of West Bengal & Ors.

Mr. Dhiraj Kumar Trivedi, Mr. Bankim Pal.

... for the petitioner Mr. Dipankar Saha, Mr. Anirban Das, Mr. Sk. Kobir.

... for the respondent Nos. 4 & 5 Mr. Arindam Chattopadhyay, Ms. Lipika Chatterjee.

... for the State

1. Parties are represented.

2. The writ petitioner has filed the instant case being aggrieved with the alleged inaction regarding compliance of the order of the Commission of School Education dated March 19, 2025, and giving effect to the enhancement of his pay to Rs.7775/- with effect from May 16, 1998.

3. Fact remains that by dint of the said letter, the Commissioner of School Education, West Bengal has requested the District Inspector of Schools, Secondary Education, Hooghly to take urgent steps for giving all consequential benefits to the petitioner, as per the enhanced pay as mentioned therein.

4. The contention of D.I. is that since the school has not yet raised bill for the arrear amount of pay to be granted to the petitioner in terms of the said order

dated March 19, 2025, he is not in a position and has not been able to disburse the same to the petitioner.

5. Mr. Dipankar Saha, learned counsel for the school authority has submitted upon instruction that the service book of the petitioner is required to be modified in terms of the order of the Commissioner of School Education, West Bengal dated March 19, 2025 and for this, the school authority may have to act on the photocopy of the service book of the petitioner.

6. It is submitted further that cooperation of the petitioner is also required in this matter, in so far as the petitioner has also to subscribe his signature as to the calculations made for the arrear pay to be granted to the petitioner, in terms of the order dated March 19, 2025.

7. It is further submitted by the school authority that otherwise the calculation of arrear pay of the petitioner has already been done by the said authority.

8. Having heard the learned counsels appearing for the respective parties it is found proper to dispose of the present writ petition by directing the respondent school authority to proceed for compliance of the order of the Commissioner of School Education, West Bengal dated March 19, 2025 for grant of enhanced pay to the writ petitioner and arrear thereof, on the basis of the photocopy of the service book of the petitioner as available with it.

9. Let necessary corrections be incorporated in the photocopy of the service book of the petitioner and all consequential steps be taken for the respondent

District Inspector of Schools, Secondary Education, Hooghly to verify and disburse the arrear amount of pay to the writ petitioner.

10.

Let the entire exercise as above be concluded positively within a period of June 30, 2025.

11.

Since no affidavit is invited, the allegations contained in the petition are deemed to have been denied by the respondents including the private respondents.

12.

With the above observations and directions, the writ petition being No WPA 8579 of 2009 is disposed of, along with the pending applications, if any. 13.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Rai Chattopadhyay, J.)