Mir Serajul Islam v. State Of West Bengal And ORS.
MLrkd 24.09.2024 Ct.18 W.P.A. 15171 of 2023 Mir Serajut Islam -vsThe State of West Bengal & Ors.
Mr. Robiul Islam, Mr. K. M. Hossain, Sk. Jayeel Hossain, Mr. Raju Mondal ....for the petitioner.
Mr. Arindam Chattopadhyay, Ms. Lipika Chatterjee ....for the State.
Learned advocates representing the petitioner and the State respondents have jointly submitted that based on the order dated 19th January, 2023 issued by the District Officer, Minority Affairs, Paschim Medinipur; OSD & EO Director of Madrasah Education, West Bengal by issuing memo date dated 27th August, 2024 requested the concerned District Officer, Minority Affairs to appointment the petitioner as Clerk in Talnanna Madrasah Shiksha Kendra, Paschim Medinipur.
Pursuant to the said memo dated 27th August, 2024 the concerned District Officer, Minority Affairs issued appointment letter in favour of the petitioner dated 17th September, 2024 thereby requesting the petitioner to join the post of
Clerk in the aforesaid Kendra. It is submitted by the learned advocate representing the petitioner that he has joined the post on 19th September, 2024.
The copies of memorandum dated 27th August, 2024 and 17th September, 2024 are placed before this Court and the same are taken on record.
However, it has been submitted on behalf of the petitioner that he is entitled to receive arrear salary from 11th September, 2017.
In view of joining of the petitioner as Clerk of aforesaid Kendra in terms of memo dated 17th September, 2024 no further order need be passed regarding appointment of the petitioner as Clerk. However, leave is granted to the petitioner to make a representation to the concerned District Officer, Minority Affairs praying for release of arrear salary from 11th September, 2017 by fortnight from date.
If such representation is made within the aforesaid time District Officer, Minority Affairs, Paschim Medinipur being respondent no.3 is directed to decide the said representation by eight weeks from the date of receipt of such representation after granting opportunity of hearing
to the petitioner or his representative.
The respondent no.3 shall pass a reasoned order and the same shall be communicated to the petitioner by one week thereafter.
The writ petition stands disposed of.
However, there shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.
(Saugata Bhattacharyya, J.)