Amit Kumar Mishra v. The State Of West Bengal And ORS

OD 4 ORDER SHEET WPO/77/2021

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE AMIT KUMAR MISHRA

VERSUS

THE STATE OF WEST BENGAL AND ORS.

BEFORE:

The Hon'ble JUSTICE SHEKHAR B. SARAF Date: 22nd April, 2021.

(Via Video Conference) Appearance:

Mr. Anjan Bhattacharya, Adv.

...for the petitinoer Ms. Chaitali Bhattacharya, Adv.

Mr. Subhendu Roy Chowdhury, Adv.

...for the respondent The Court: This is an application under Article 226 of the Constitution of India wherein in the writ petitioner is aggrieved by the order dated January 14, 2021 passed by the District Inspector of Schools (S.E.), Kolkata in relation to interest payment with regard to the delayed payment of earlier dearness allowance in favour of the petitioner pending with effect from January 1, 2009 till July 31, 2014. Upon perusal of the order passed by the District Inspector of Schools, it is clear that the said order is not a proper reasoned order and is required to be set aside. According, I set aside the impugned order and direct to District Inspector of Schools (S.E.), Kolkata to grant an opportunity of hearing the petitioner once again and thereafter pass a reasoned order in relation to the issue of payment of interest for

delayed payment of the dearness allowance. Various judgments on the points cited by the petitioner should be taken note of by the D.I. Schools. The writ petition being WPO No.77 of 2021 is disposed of accordingly. Since no affidavits have been filed in this matter, the allegations made in the writ petition are deemed not to have been admitted by the respondents. Urgent xerox certified copy of the order, if applied for, be given to the parties upon compliance of all formalities.

(SHEKHAR B. SARAF, J.) B.Pal