Susobhan Mondal v. State Of West Bengal And ORS.

28.04.2023 rc/ct.no.10 Item No.136 WPA No. 16808 of 2021 Susovan Mondal

Versus

State of West Bengal & Ors.

Mr. Somnath Roy .....for the petitioner None appears for the State-respondents.

The petitioner is working as an Assistant Teacher at Lalkuthi Para Umadevi Junior High Madrasah, District - Birbhum. The petitioner claims honourarium. The petitioner submits that similarly placed persons had received honourarium but the petitioner did not receive. The petitioner made representation galore but the same had not received the attention of the State authority. In view of the above, to subserve justice the respondent no.4 shall consider the representation of the petitioner dated August 27, 2021 at page 23 to the writ petition upon giving at least 7 days prior hearing notice to the petitioner and the respondent no. 9 and after giving them an opportunity of hearing shall decide the issue by passing a reasoned order in accordance with law. The entire exercise, as directed above, shall be carried out and completed by the respondent no. 4 positively within a period of 6 weeks from the date of communication of this order without granting any unnecessary adjournment. The respondent no. 4 shall

then communicate his reasoned order to the petitioner, the respondent no. 3 and respondent no. 9 within a further period of 2 weeks from the date of the said reasoned order to be passed.

It is made clear that this Court has not gone into the merits of the claim of the petitioner in any manner as lodged through this writ petition.

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

It is further made clear that this order shall not create any equity or right in favour of the petitioner in the event the petitioner is not eligible to receive his claim strictly in accordance with law.

In the event, the reasoned order goes in favour of the petitioner then the respondent nos. 3 and 4 and/or any other appropriate authority shall give effect thereto positively within a period of 4 weeks from the date of communication of the said reasoned order.

On the above terms this writ petition being WPA No. 16808 of 2021 stands disposed of, without any order as to costs.

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

(Aniruddha Roy,J)