Krishna Pada Sarkar@Krishnapada Sarkar v. State Of West Bengal And ORS.

01.02.2024 d.p.

Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A 2188 of 2022 Krishna Pada Sarkar @ Krishnapada Sarkar -versus The State of West Bnengal & Ors.

Mr. Prasenjit Mukherjee, Mr. Debajit Kundu.

...For the Petitioner.

Mr. Momenur Rahman, Ms. Pratusha Dutta Chowdhury.

...For the State.

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

The petitioners' prayer for seeking notional benefit is pending consideration at the end of the respondent authorities.

The petitioners rely upon the order passed by a coordinate Bench of this Court on 22nd November, 2023 in WPA 2187 of 2022 (Sailendra Nath Roy & Ors. -vsThe State of West Bengal & Ors.). As it appears that the representation of the petitioners is pending consideration for a considerable period of time, accordingly, the writ petition is disposed of by directing the Commissioner of School Education, Government of West Bengal to consider and dispose of the petitioners' representation dated 13th November, 2017 for grant of notional benefit in accordance with law.

It is made clear that this Court has not gone into the merits of the claim made by the petitioners and all points are left open to be decided by the aforesaid respondent at the time of consideration of the representation of the petitioners.

A decision shall be taken in the matter in accordance with law at the earliest, but positively within a period of four months from the date of communication of this order.

The learned advocate for the petitioners is directed to forward a copy of the representation dated 13th November, 2017 to the aforesaid respondent at the time of communicating the order of the Court. The writ petition stands disposed of.

Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Amrita Sinha, J.)