Shyamal Mukherjee v. State Of West Bengal And ORS.

ML 47 03.11.2025 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 22434 of 2025 Sri Shyamal Mukherjee -versus The State of West Bengal & Ors.

Mr. Timir Baran Saha.

...For the Petitioner.

Mr. Bhaskar Prasad Vaisya, AGP, Mr. Suman Dey.

...For the State.

1.

Affidavit of service filed in Court today is taken on record.

2.

The petitioner's prayer for release of arrear salary was considered by the District Inspector of Schools (S.E.), Nadia and vide communication bearing Memo No. 832/GEN/SE dated 24th July, 2025 the District Inspector of Schools requested the headmistress of the school to furnish the documents relating to the petitioner within three working days. The same has not been forwarded till date.

3.

The petitioner retired nearly ten years back. Because of the pendency of the criminal case against him, he did not receive his entire salary. On his acquittal, the petitioner prays for disbursement of the arrears.

4.

The school is not represented today.

5.

In the absence of the document from the school it is not possible for the District Inspector of Schools to proceed with the matter any further.

6.

Accordingly, the instant writ petition is disposed of by directing the teacher-in-charge of Matiari R.P. Sen Memorial High School (S.E.) to take immediate steps for forwarding the documents of the petitioner to the office of the District Inspector of Schools within one week from the date of communication of this order. 7.

In the event the school does not forward the papers of the petitioner to the District Inspector of Schools, then the District Inspector of Schools shall send his representative to the school to collect the documents of the petitioner from the school.

8.

The District Inspector of Schools shall thereafter take steps to make the necessary calculation and proceed to disburse the arrears of the petitioner. 9.

The District Inspector of Schools shall ensure that all arrears of the petitioner are released without any further delay but positively within a period of four months from the date of receipt of all documents from the school.

10. The writ petition stands disposed of.

11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

( Amrita Sinha, J.)