Smt. Sarmistha Set v. The State Of West Bengal And ORS

OD-2

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE WPO/1477/2023 SMT. SARMISTHA SET VS THE STATE OF WEST BENGAL AND ORS

BEFORE:

The Hon'ble JUSTICE ANIRUDDHA ROY Date : 6TH May, 2025.

APPEARANCE:

Mr. Jahar Lal Roy, Adv.

Mr. Saptarshi Kumar Kundu, Adv.

..for the petitioner.

Mr. Bhaskar Prasad Vaisya, Adv.

Mr. Gourav Das, Adv.

Mr. Nilay Baran Mandal, Adv.

For the State.

The Court:- Mr. Jahar Lal Roy, learned Advocate with Mr. Saptarshi Kumar Kundu, learned Advocate appears for the petitioner. Mr. Bhaskar Prasad Vaisya, learned Additional Government Pleader with Mr. Gaurav Das and Mr. Nilay Baran Mandal, learned Advocates appear for the State. The last order speaks for itself.

Pursuant to the direction made by this Court in the last order dated April 17, 2025, the learned Advocate-on-record for the petitioner has served notice along with the copy of that order upon Mr. Shakti Pada Jana, learned Advocate appearing for the school authorities. The receipt copy of the notice is taken on record.

Despite notice the school authority chose not to be represented today when the matter has been taken up for consideration. The claim of the petitioner is for a sum of Rs.42,044/- which was payable to the petitioner way back on June 30, 2016 as would be evident from Annexure-P/1 at page 20 to the writ petition. The petitioner was a teacher of the relevant school for about more than 25 years in continuous service without any stigma. The order of the Supreme Court dated January 2, 2013 Annexure-P/2 at page 25 to the writ petition also shows that there was a specific direction upon the school authorities to pay the petitioner. In view of the above, the respondent no.5 is directed to forthwith pay the said sum of Rs.

42,044/- together with interest @ 6% per annum on and from July 1, 2016, which was the date fixed under the terms of settlement at page 20 to the writ petition for making the final payment, until the date on which the actual payment shall be made to the petitioner. The entire payment shall be made to the petitioner by respondent no.5 positively within a period of three weeks from the date of communication of this order.

In default of making payment within the said period of three weeks, the interest shall be paid @ 9% per annum.

With the above observation and direction, this writ petition WPO/1477/2023 stands allowed, without any order as to costs. (ANIRUDDHA ROY, J.) dg)