Prakash Toppo And ORS v. The Lieutenant Governor And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** WPA/194/2023 Prakash Toppo and Others Vs.

The Lieutenant Governor and Others Mrs. Vinita Devi ... for the petitioners (On behalf of Mr. Gopala Binnu Kumar) Mr. Shatadru Chakraborty, Sr. Adv.

Mr. Rakesh Kumar Mr. Dibesh Dwivedi ... for the respondent nos.1 to 4 Mr. Lokesh Chezian ... for the respondent no. 5 March 18, 2025 [AKB] Item No.17 1.

The present writ petition has been filed, inter alia, praying for a direction upon the respondent administration to disburse the grant in aid to the respondent No. 5 to enable the respondent No. 5 to immediately release the arrear salaries of the petitioners as per their entitlement on and from the month of September, 2022 till actual date of payment.

2.

It would appear from the record that on 12th March, 2025 this Court was, inter alia, pleased to pass the following order:- "

1. The instant writ petition, inter-alia, has two-fold prayers. Primarily, the petitioners seek a direction upon the respondent administration to disburse the grant in aid in favour of the respondent No.5 which is a government aided School of minority community imparting education to the students in these Islands.

Secondly, the petitioners seek for a direction on the respondent No.5 to regularly pay the

salaries of the petitioners who are Primary School Teachers, Graduate Trained Teachers, Post Graduate Teachers, Lab Assistant, Physical Education Teachers, Computer Instructor, Craft Instructor, Clerks and other tasking staffs associated with the respondent No. 5.

2. Mr.

Dibesh Dwivedi, learned advocate representing the administration on instruction by drawing attention of this Court to the affidavit-in-opposition would submit that the respondents have already accorded expenditure sanction to meet the expenditure for salary in respect of the teaching, non teaching and part time staffs of the respondent No.5. According to him, there are no arrears.

3. Although, the respondent No.5 is represented in Court today, no affidavit-in-opposition has been filed on behalf of the respondent No.5.

4. Considering the fact that this matter pertains to non-payment of both the teaching and non teaching staffs of the respondent No.5 and also taking note that grant in aid has been sanctioned and disbursed by the Administration in favour of the respondent No.5, I am of the view that the respondent No. 5 should produce the relevant records on or before the matter is taken up next.

5. Pendency of the writ petition shall, however, not stand in the way of the respondent No.5 clearing the arrears salaries, if any, of the petitioners.

6. Place this matter under the same heading on Monday (17.03.2025)."

3.

Today, Mr. Lokesh Chezian, learned Advocate representing the respondent No. 5 has acknowledged the fact that though the administration during the month of March, 2021 had stopped the payment of grant-in-aid, however, subsequently the pending salary in the form of grant-in-aid has already been paid and disbursed in favour of the respondent no.5.

4.

Mrs. Vinita Devi, learned Advocate representing the petitioners would however, submit that the all the

petitioners have not been disbursed their entire salary, though, from the documents disclosed by Mr. Chezian in Court it would transpired that most the petitioners have already been disbursed their respective salary. 5.

Though, Mr. Chezian would insist that the petitioners had been disbursed the entire salaries, I am of the view without going into such issue at this stage, it would be prudent to dispose of the writ petition with a direction that in the event any salary or allowances of the petitioners is found outstanding the respondent No.5 should forthwith take steps to disburse the same. 6.

With the above observations and directions, the writ petition WPA/194/2023 is disposed of.

7.

There shall be no order as to costs.

8.

Urgent Photostat certified copy of this order if applied for, the same be supplied to the parties upon compliance of necessary formalities.

( Raja Basu Chowdhury, J. )