Dr. Sahadev Bandyopadhyay v. The State Of West Bengal And ORS.
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction Appellate Side W.P.A. 20690 of 2022 Dr. Sahadev Bandyopadhyay VS The State of West Bengal & Ors.
Ms. Jhuma Chakraborty Mr. Aritra Ghosh Mr. Norottam Acharya ..... for the petitioner Mr. Pinaki Dhole Ms. Ananya Neogi ...... for the State Affidavit of service filed in Court today, is Court No. 22 23.9.2022 (Item No. 10) (AB) taken on record.
The writ petitioner claims to be a former Headmaster at Sailendra Sircar Vidyalaya (for short, the School). It was the Government sponsored School. The petitioner has raised claim on account of House Rent Allowance. The petitioner has made representation dated August 22, 2022, Annexure P-17 to the writ petition, before the sixth respondent.
The petitioner alleges that this representation did not receive any attention. Mr. Pinaki Dhole, learned advocate appearing for the respondent Nos. 1 to 6.
Considering the submissions made on behalf of the writ petitioner and considering the materials on record it appears that, justice would be sub-served if the respondent No. 6 is directed to consider the said representation of the petitioner dated August 22,
2022, Annexure P-17 to the writ petition upon giving a prior hearing notice at least seven days to the petitioner and upon giving an opportunity of hearing and then shall dispose of the representation with its reasoned decision/order.
The entire exercise as directed above, shall be carried out and completed by the respondent No. 6 positively within a period of eight weeks from the date of communication of this order. The respondent No. 6 thereafter shall communicate the reasoned decision/order to the petitioner within a further period of two weeks from the date of the said reasoned decision/order to be passed.
In the event, the said reasoned order goes in favour of the petitioner, then the respondent No. 6 shall take all further steps and carry out all formalities to disburse the payment to the petitioner positively within a further period of four weeks from the date of communication of the said reasoned decision/order to the petitioner.
It is made clear that, this Court has not gone into the merit of the claim of the petitioner. The petitioner shall be at liberty to urge all the points before the respondent No. 6 and shall also be at liberty to rely upon whatever documents and records he wishes to rely upon.
Since affidavits are not called for the allegations made in the writ petition are deemed not to have been admitted by the respondents.
On the above terms, this writ petition being WPA 20690 of 2022 stands disposed of.
There shall, however, be no order as to costs. Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.
(Aniruddha Roy, J.)