Sabita Mahapatra v. State Of West Bengal And ORS.

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17.02.2025 17.02.2025 Ct. No. 18 (ARPAN) W.P.A. 23940 of 2024 Sabita Mahapatra Vs.

The State of West Bengal & Ors.

Mr. Sakti Pada Jana Mrs. Sudipta Pramanik ...for the Petitioner Mr. Biswabrata Basu Mallick, AGP Mrs. Parna Roy Chowdhury ...for the State Mr. Sounak Bhattacharya ...for Respondent No.6 Pursuant to the order dated 21st January, 2025, Mr. Amar Krishna Biswas, Sub-Inspector, Baruipur Police Station, South 24 Parganas is personally present before this Court and a communication is filed dated 17th February, 2025 issued by Mr. Santanu Das, SubInspector, Baruipur Police Station. Such communication is taken on record. In the said communication it has been admitted on behalf of Baruipur Police Station that there was failure on the part of police authority to accompany the Headmaster of the concerned school for ensuring his presence before this Court.

Mr. Bhattacharya, learned advocate representing the Headmaster of Mallickpur Abdus Shokur High School (H.S.), South 24 Parganas has submitted that in terms of the order dated 21st January, 2025 calculation of arrear dues was made by the school authority and on generating bills relating to payment of arrear dues for sanction of incremental benefits same were submitted before the District Inspector of Schools (S.E.), South 24 Parganas being respondent no.3 on 27th January, 2025.

Mr. Basu Mallick, learned Additional Government Pleader representing the State respondents submits that immediate steps shall be taken for release of incremental benefits since such benefits have already been sanctioned vide memo dated 29th October, 2024. It is also submitted that bills have been submitted before the concerned District Inspector of Schools (S.E.) by the school authority.

In view of aforesaid situation, this Court finds there is no impediment in releasing arrear dues for sanction of incremental benefits.

Hence, writ petition stands disposed of directing the District Inspector of Schools (S.E.), South 24 Parganas, being respondent no.3 to release incremental benefits in favour of the petitioner by fortnight from the date of communication of this order upon taking necessary steps. The benefits shall be released in terms of the order dated 12th September, 2013 passed by a coordinate bench on a writ petition being W.P. 26892 (W) of 2013.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)