Dilip Kumar Adhikari And ANR. v. State Of West Bengal And ORS.
05.01.2026 Sl. No.15 Ct. No.14 ss
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 12465 of 2025 Dilip Kumar Adhikari & anr.
Versus
The State of West Bengal & Ors.
Ms. Sabita Khutia Bhunya Mr. Krishna Pada Santra ...for the Petitioners.
Mr. Supriyo Chattopadhyay, Ld. AGP Ms. Sayantanee Bhattacharjee ...for the State.
1.
Affidavit of service filed on behalf of the petitioners is taken on record.
2.
By the present writ petition, the petitioners seek for interest on arrear honorarium paid from 1st March, 2017 to the date of actual disbursement to the petitioners on 30th June, 2023.
3.
The petitioners contend that the petitioners were appointed as members of the visiting team for inspection of schools of different circles in the District of Bankura and it was stipulated that the petitioners will be paid honorarium of Rs.500/- per visit. The petitioners visited 12 schools per month as per direction of respondent no.3, District Inspector of Schools (PE), Bankura. The petitioners duly discharged their duties. However, the honorarium remained unpaid. The petitioners finding no other alternative filed the writ petition being WPA 4665 of 2022 which
was disposed of on 12th April, 2022 by passing the following order :
"Steps shall be taken to either allot the aforesaid amount of Rs.4,00,000/- as sought for or to intimate the District Inspector of Schools the reason for not allotting the said funds.
The District Inspector of Schools shall thereafter pay the petitioner the requisite amount, if funds are allotted from the Commissioner. In the event, the funds are not allotted, then the reason for not allotting the funds shall also be communicated to the petitioner."
4.
Pursuant to such order the arrears of honorarium has been disbursed in favour of the petitioners. However, no interest on such delayed payment has been made. Hence, this writ petition seeking disbursement of interest on arrear honorarium.
5.
Ms.
Sabita Khutia Bhunya, learned Advocate appearing on behalf of the petitioners submits that since there was delay in disbursement of the amount, the petitioners are entitled to interest on arrear honorarium from 1st March, 2017 till 30th June, 2023 i.e. the date of actual disbursement.
6.
On the contrary, Ms. Sayantanee Bhattacharjee, learned Advocate for the State submits that no such prayer was made in the earlier round of litigation. 7.
In the earlier round of litigation the contention was that due to non-allotment of funds, the payment was not disbursed to the petitioners and the Hon'ble Court directed for taking steps for allotment of funds and for disbursement of the requite amount in favour of the petitioners. It is informed by both the learned Advocates for the respective parties that the arrear honorarium has already been paid. There cannot be
any quarrel that honorarium has not been paid within the stipulated period. Thus, the petitioners are entitled to interest on the arrear honorarium.
8.
Accordingly, the District Inspector of Schools (PE), Bankura, respondent no.3 is directed to disburse interest on arrear of honorarium @ 8% per annum from 1st March, 2017 till the date of actual disbursement i.e. 30th June, 2023 in favour of the petitioners, within a period of eight weeks from the date of communication of this order.
9.
Learned advocate for the petitioners is directed to communicate this order to the respondent no.3, the District Inspector of Schools (PE), Bankura, for necessary action.
10. With the above direction, the writ petition being WPA 12465 of 2025 stands disposed of.
11. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.
12. Interim order, if any, stands vacated.
13. All connected applications, if any, stand disposed of.
14. There shall be no order as to costs.
15. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.
16. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.
(Bivas Pattanayak, J.)