Calcutta High Court (Appellete Side)
Miss Sikha Dey vs State Of West Bengal & Ors on 20 July, 2016
1
20.07.2016
s.L.-1(KB) W.P. 11572 (W) of 2016
Miss Sikha Dey
versus
State of West Bengal & Ors.
Mr. Himadri Barua
... For the petitioner.
Mr. Sanjay Kumar Baid
Ms. Aruniman Lala
... For the respondent nos.5, 6 & 7.
Md. Yasin Ali Ms. Tapati Samanta ... For the State respondents.
This writ application has been filed on the ground that the petitioner, who has retired on superannuation in the year 2015, has not been getting the pension. The specific prayer in the writ application is that the respondents may be directed to process the pension matter and to release the pensionary benefits in favour of the petitioner.
Learned advocate on behalf of the petitioner submits that the dispute cropped up between the school authority and the teaching and non-teaching staff of St. Lawrence High School (Primary Section) on the ground of acceptance of Dearness Allowance given by the State. The dispute between the parties has been forwarded by 2 the District Inspector of Schools, Kolkata to the Commissioner of School Education, West Bengal and the said matter has not yet been disposed of.
Learned advocate appearing on behalf of the school authorities submits that in order to avoid the interference of the Government in the administration of such school, the school authorities have decided to forego the acceptance of Dearness Allowance.
Learned advocate on behalf of the respondent nos. 5, 6 and 7 further submits that the respondents have got no objection if a direction be given to the Commissioner of School Education to decide the dispute between the parties without delving into the merit of the present writ application since the petitioner has made some incorrect statements which would result the rejection of the writ at the threshold.
Learned advocate appearing on behalf of the State respondents submits that sufficient time may be given to the Commissioner of School Education to decide the dispute between the parties.
In that view of this matter, the Commissioner of School Education, West Bengal is directed to dispose of the applications forwarded to him by the District 3 Inspector of Schools, Kolkata vide Memo No. 297/1(1) D dated Kolkata the 25th June, 2013 as early as possible but not later than twelve weeks from the date of communication of this order.
It is thus made clear that while giving such direction to the Commissioner of School Education, nothing has been decided in respect of the merit of the writ application.
The Commissioner of School Education shall dispose of such application forwarded to him by the District Inspector of Schools by giving an opportunity of hearing to the school authority as well as to the teaching and non-teaching staff.
The writ application is thus disposed of. No order as to costs.
Urgent Photostat certified copy of this order, if applied for, be handed over to the parties on compliance of necessary formalities.
(Debi Prosad Dey,J.)