Kushmandi Blk. Secon. Schools Teach. And Non Teach. Staff Cooperative Credit Society Ltd. And ANR. v. State Of West Bengal And ORS.
16.01.2025 Sl. No.166 Ct. No.15 S.A.
WPA 15482 of 2024 Kushmandi Block Secondary Schools' Teaching & Non-Teaching Staff Co-operative Credit Society Limited & Anr.
-vsThe State of West Bengal & Ors.
Mr. Madan Mohan Roy Mr. Haripada Nayak Ms. Arpita Dhar ...for the petitioners Mr. Swapan Kumar Dutta Mr. Rajat Dutta ...for the State Mr. Srijan Nayak Ms. Rituparna Maitra ...for respondent no.4 Mr. Pradeep Kumar Roy Mr. Partha Sarathi Pal ...for respondent nos.5 & 6 The facts pertinent to this case have been duly recorded in the order dated June 19, 2024, passed in this writ petition, and thus need not be reiterated. The learned advocate appearing for the State has filed a report, which indicates that, in compliance with the order dated June 19, 2024, the District Inspector of Schools (S.E.), Dakshin Dinajpur, has initiated a monthly deduction of 12% from the salary of respondent no. 13.
On the other hand, the learned advocate for the petitioners submits that, as of May 2024, there remains an outstanding sum of Rs. 21,22,364/- (Rupees twenty-one lakh, twenty-two thousand, three hundred and sixty-four) owed by respondent no. 13 to the petitioners. He further contends that the current
monthly deduction of Rs. 12,000/- from the salary of respondent no. 13 will not suffice to liquidate the outstanding dues, particularly given that respondent no. 13 is scheduled to retire in 2034.
Respondent no. 13, despite receiving notice, is not present before this Court.
In light of the foregoing, I dispose of this writ petition with the following directions:
The society is at liberty to submit a representation to the District Inspector of Schools (S.E.), Dakshin Dinajpur, proposing a revised plan for liquidating the outstanding dues owed by respondent no. 13 within one month from the date of this order. Respondent no. 13 may also pray for a waiver of interest or seek other reliefs, which the society may consider.
After hearing both the parties, within three months from date, the District Inspector of Schools shall make necessary deductions from the monthly salary of respondent no. 13, ensuring that the total dues owed to the society are fully liquidated prior to respondent no. 13's retirement. If necessary, he will be at liberty to pass necessary direction for deduction from the retiral dues of respondent no.13.
Until a decision is reached by the District Inspector of Schools, he shall continue to deduct Rs.12,000/- per month from the salary of respondent
no.13 and remit the said amount to the account of the petitioner.
Accordingly, WPA 15482 of 2024 is disposed of.
Urgent certified photocopy of this order, if applied for, be supplied to the parties on compliance of usual legal formalities.
(Kausik Chanda, J.)