Mojahar Hossain & ORS v. State Of West Bengal & ORS

29.06.2022.

Court No.13 Item No. 16 ap W.P.A. No. 20868 of 2008 Mojahar Hossain & Ors.

Versus

The State of West Bengal & Ors.

Mr. Ekramul Bari, Sk. Imtiaj Uddin.

...For the petitioners.

No affidavit-in-opposition has been filed by the State, despite directions being issued on 27th August, 2008, by a Co-ordinate Bench of this Court.

The facts of the case are already recorded in the order dated 27th August, 2008.

Admittedly, the petitioners' service is approved from the date of recognition of the School i.e. 1st May, 2001. The order has been affirmed all the way upto the Hon'ble Supreme Court of India, and the Special Leave Petition No. 5813 of 2007 was dismissed on 16th July, 2007.

The petitioners have admittedly been working in the School and their salaries have been paid from the date of actual recognition. No interest has been, however, paid to them.

In that view of the matter, and given the fact that the writ petition is pending since 2008, this Court directs the interest to be paid to the petitioner on the total amount of salary and emoluments, released and

payable to the petitioner from 1st May, 2001, till February, 2008, at the rate of 5% per annum. Such interest component shall be credited to the account of the petitioners, within a period of three months from the date of communication of a copy of this order. With the aforesaid directions, the instant writ petition shall stand disposed of.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)