Nihar Saha v. The State Of West Bengal And ORS.

D/L 51 24.04.2025 Court No.02 PRADIP CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

APPELLATE SIDE WPA 864 of 2025 Sri Nihar Saha Vs.

The State of West Bengal & Ors.

Mr. Deborshi Dhar ... for the Petitioner.

Mr. Pretom Das Mr. Sumit Kumar ...for the State.

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

2. Leave granted to the learned advocate on record of the petitioner to amend the name of respondent no. 6 by adding the words 'Boys High' in the cause title.

3. The petitioner prays for a direction for payment of arrear remuneration in terms of ROPA-19 for the period the petitioner served as Group- D staff.

4. A communication has been made by the Sub Divisional Officer, Mal, Jalpaiguri on 26th December, 2024 addressed to the Deputy Director of School Education (Boys' High), Director of School Education (Secondary Branch) praying for release of the subject amount. The same has not been acted upon till date.

5. It appears from the documents annexed to the writ petition that, the petitioner, after retirement, served as Group- D staff at Metalli Govt. Model School and will be entitled to the relief sought for in terms of the Memorandum of the Government of West Bengal Finance

(Audit) Department being no. 6472-F[P2 dated 2nd December, 2019. A request was made to the authority for payment of the amount to meet the claim of the petitioner. The same is pending for a considerable period of time.

6. The instant writ petition is, accordingly, disposed of by directing the respondent no. 6, Deputy Director of School Education (Boys' High), Director of School Education (Secondary Branch) to take steps for releasing the claim as sought for by the Sub Divisional Officer, Mal, Jalpaiguri at the earliest but positively within a period of twelve weeks from the date of communication of this order.

7. If the aforesaid authority is of the opinion that the petitioner will not be entitled to the claim, as sought for, then the reason(s) therefor shall be communicated to the petitioner without any delay.

8. Learned advocate for the petitioner is directed to forward all documents in support of his claim to the aforesaid respondent at the time of communicating the order of the Court.

9. The writ petition stands disposed of.

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

(Amrita Sinha, J.)