Fanindra Nath Mandal @ Phanindranath Mandal And ANR. v. State Of West Bengal And ORS.
18.11.2024 Ct. 23 M/L 9 ab
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 17766 of 2024 Fanindra Nath Mandal @ Phanindranath Mandal & Anr.
-VsThe State of West Bengal & Ors.
Mr. Arup Krishna Das, Mr. Indrajit Chatterjee ... for the petitioners Dr. Madhusudan Saha Roy ... for the WBSEDCL Ms. Anandamoyee Ghosh ... for the State It is submitted by the petitioners that the direction given by the order dated 14th March, 2024 passed in WPA 1274 of 2024 (Smt. Sunanda Mondal Vs. State of West Bengal & Ors.) was not complied with, as a consequence whereof this writ petition has been filed. By the said order dated 14th March, 2024 the petitioner in the said writ petition namely Sunanda Mandal was directed to be given compassionate appointment and West Bengal State Electrictiy Distribution Company Limited (in short WBSEDCL) the employer was directed to deduct 20% of the salary and emoluments payable to the said Sunanda Mandal from her salary and deposited the same into the bank account of the respondent nos. 6 and 7 in the said writ petition being
the petitioners therein. The order for payment could not be worked out in view of a mis-statement of name of the petitioner no.1 in this writ petition, who was the respondent no. 6 in WPA 1274 of 2024, which was disposed of by the order dated 14th March, 2024. It is submitted by the petitioners that in all parts of the documents, the name of 'Fanindra Nath Mandal' is written as 'Phanindranath Mandal'. Due to this mismatch, deductions as directed to be made by the West Bengal State Electricity Distribution Company Limited (in short, 'WBSEDCL') were made but could not be deposited in the account of the petitioner as directed by the order dated 14th March, 2024.
In the aforesaid facts and circumstances, since the compassionate appointment has already been granted to Sunanda Mandal, an opportunity is provided to the petitioner no. 1, who was the respondent no. 6 in the earlier writ petition being WPA 1274 of 2024 to correct his name of Phanindranath Mandal to Fanindara Nath Mandal within a period of three weeks from date. If any such request is made to WBSEDCL within the timeframe provided for correcting the name of the petitioner no. 1. WBSEDCL shall do the same and release of the arrear amount. WBSEDCL shall do it promptly and release the arrears not beyond 6th January, 2025. The current amount should be paid
from the month of December for the amount falling due in November, 2024.
Nothing further remains to be adjudicated in this writ petition. The same is accordingly disposed of. Since I have not called for any affidavits, the allegations contained in the writ petition are deemed to have not been admitted by the respondents.
Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.
(Arindam Mukherjee, J.)