Subal Chandra Bagchi v. State Of West Bengal & ORS

59 21.9.2023 WPA 13141 OF 2019 Sc Ct. no.22 ----------- Subal Chandra Bagchi Vs.

The State of West Bengal & Ors.

Ms. Sabita Khutia (Bhunya) ... For the Petitioner Mr. Sabyasachi Mondal ... For the State Affidavit-of-service, filed in Court today, is taken on record.

The facts are not much relevant. The petitioner suffered suspension as the petitioner had undergone custody. The petitioner ultimately was acquitted by the jurisdictional criminal court.

The West Bengal Board of Secondary Education (for short the Board) then by its communication dated July 3, 2012, Annexure-P5 at page 31 to the writ petition treated the suspension period of the petitioner as "spent on duty" with pay and the Board further observed that, the petitioner will get all admissible benefits in his service period for the said period of absence. The arrear salary of the petitioner was released and the petitioner was paid on October 31, 2017 as would be evident from the bank statement relied upon by the petitioner, Annexure-P7 at page 33 specifically at page 34 to the writ petition.

The petitioner claimed interest for the period between July 4, 2012 till October 30, 2017.

Ms. Sabita Khutia (Bhunya), learned advocate appears for the petitioner.

Mr. Sabyasachi Mondal, learned advocate appears for the respondent nos. 1 to 4.

Learned State advocate has also confirmed the facts as to the decision of the Board dated July 4, 2012 and the actual date of payment being dated October 30, 2017.

In view of the above, the respondent no.4 is directed to calculate interest @8% per annum since July 4, 2012 till October 30, 2017 on the principal quantum of arrear already paid to the petitioner and then upon carrying out the necessary formalities and taking all consequential steps shall forward the same to the respondent no.6.

The respondent no.6 then shall disburse and pay the amount to the petitioner as per the bank details to be furnished by the petitioner positively within a period of three weeks from the date of receiving the recommendation from the respondent no.4 for making necessary payment of interest, as directed above. The entire exercise shall be carried out and completed by the respondent no.4 positively within a period of four weeks from the date of communication of this order.

Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

With the above direction, this writ petition, WPA 13141 of 2019 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)