Shri. Biswanath Mondal v. The Andaman And Nicobar Administration And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/117/2025 Shri Biswanath Mondal Vs The Andaman and Nicobar Administration and others Ms. Vinita Devi ... for the petitioner Mr. Shatadru Chakraborty, Sr.Adv.

Mr. Dibesh Dwivedi ... for the respondents February 28, 2025 [SR] Item no.19 1.

Ms. Vinita Devi, learned advocate appears for the petitioner. Mr. Shatadru Chakraborty, learned senior advocate appears for the Administration of the Islands. 2.

The petitioner is now working as daily wage earner with the respondent no.4. He was initially worked for a particular Gram Panchayat which stands abolished and his employment was taken over by the respondent no.4.

3.

The petitioner claims the unpaid salaries for the month of April 01 2021 to May 06, 2021 from the respondent no.5 and during May 07, 2021 till October 25, 2021 from the respondent no.4.

4.

The petitioner submitted his representation dated August 21, 2023 Annexure P-8 at page 27 to the writ petition. Referring to the series of orders Annexure P-10 from page 31 onwards annexed to this writ petition, learned counsel for the petitioner submits that the directions had already been made for payment to the identically and similarly placed persons by the Coordinate Benches from time to time. This petitioner also

stands similarly placed. Accordingly, the petitioner prays for release of the unpaid salary.

5.

Mr. Shatadru Chakraborty, learned senior counsel submits that, records are required to be examined whether the petitioner is similarly placed with those petitioners and whether the petitioner had actually worked for the period claiming his salary.

6.

After considering the rival contentions of the parties and upon perusal of the materials on record and after reading the orders passed by the Coordinate Benches from time to time, this Court directs the respondent no.4, upon issuing a prior notice to the petitioner of at least seven days and after granting him an opportunity of hearing, shall decide the issue by passing a reasoned order, in accordance with law.

7.

It is needless to mention that the petitioner shall be entitled to be accompanied with his duly authorised representative also to attend the hearing.

8.

The entire exercise shall be carried out and completed by the respondent no.4 positively within a period of six weeks from the date of communication of this order. 9.

The reasoned order then shall be communicated to the petitioner positively within a week from the date of the said order to be passed.

10.

It is made clear that this Court has not gone into the merits of the claim of the petitioner and the petitioner shall be at liberty to urge whatever points he wishes to urge by relying

whatever records and documents he wishes to rely upon before the respondent no.4.

11.

While deciding the claim, the petitioner and the respondent no.4 shall also be at liberty to rely upon a complete set of copies of this writ petition.

12.

In the event, the reasoned order goes in favour of the petitioner, immediately payment shall be made to the petitioner positively within four weeks from the date of the said reasoned order to be passed.

13.

The petitioner shall also be at liberty to claim interest on the said sums if the reasoned order goes in favour of the petitioner but not beyond five per cent per annum at the subsequent stage and not before the respondent no.4 in course of hearing of the said representation dated August 21, 2023. The petitioner shall accept the payment without prejudice to such rights and contentions.

14.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

15.

With the above observations and directions, the writ petition WPA/117/2025 stands disposed of, without any order as to costs.

( Aniruddha Roy, J. )