Partha Ghosh And ORS v. State Of West Bengal And ORS

09.12.2019 Krishnendu/05 Ct. No.01 CALCUTTA HIGH COURT In the Circuit Bench at Jalpaiguri W.P. A. No. 884 of 2019 Partha Ghosh & Ors.

-VsThe State of West Bengal & Ors.

Mr. Tulsi Das Maiti Mr. Pradip Kumar Ghosh For the Petitioners Mr. Bikramaditya Ghosh For the State Mr. Hillol Saha Podder For the respondent no.7.

Affidavit of service filed by the petitioners be kept on record.

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Mr. Maity, learned advocate appearing for the petitioners submits that the petitioners are the assistant teachers of Dhupguri High School (XII) (in short, the said school). The authorities of the said school used to allow the assistant teachers and other staffs of the said school to go outside the school premises during the tiffin break. However, on and from the month of September, 2018 such practice was discontinued.

Ventilating such grievance, the petitioners submitted a representation to the respondent no.2. The said complaint was forwarded by the respondent no. 3 to the respondent no. 4 vide memo dated 19th

September, 2019 with a request to take necessary action and to resolve the dispute. However, no decision has yet been taken by the respondentno.4. Mr. Podder, learned advocate appearing for the respondent no. 7 submits that due to some law and order problem the teachers and other staff, including the students, are not being allowed to leave the school premises during the school hours. Mr. Ghosh, learned advocate appearing for the State submits that no decision has yet been taken by the respondent no. 4 on the basis of the memo dated 19th September, 2019.

In the said conspectus, this Court directs the respondent no. 4 to consider the complaint lodged by the petitioners, as forwarded vide memo dated 19th September, 2019 issued by the respondent no.3, upon granting an opportunity of hearing to a representative of the petitioners and the respondent no.7 and to take a decision, in accordance with law and to communicate the same to the parties. The above exercise shall be completed within a period of six weeks from the date of communication of this order.

With the above observations and directions, the writ petition is disposed of.

As the writ petition has been disposed of without calling for any affidavits, the allegations

leveled in the same shall be deemed to have been denied by the respondents.

There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

(Tapabrata Chakraborty, J.)