Calcutta High Court (Appellete Side)
Kakali Mondal (Das) & Another vs The State Of West Bengal & Others on 27 September, 2016
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303 27.09.201 W.P. 28396 (W) of 2014
BD
6.
Kakali Mondal (Das) & Another
Vs
The State of West Bengal & Others
Mr. Md. Salauddin.
... For Petitioners
Let the affidavit of service filed in Court today be
kept with the record.
The learned advocate for the petitioners has served
only the learned Government Pleader but not any of the
respondents individually.
Therefore, any mandatory order which may be passed on this writ petition on the basis of the annexures appended to it is likely to take the respondents by surprise, particularly when the petitioner is claiming for arrear remuneration and relies on a communication dated June 11, 2014 made by the concerned Block Development Officer, i.e. the respondent no. 3 herein.
I have heard Mr. Salauddin, the learned advocate for the petitioners, in details on the grievance of the petitioners. He submits that the petitioners have been working as Sahayikas of the concerned Sishu Siksha Kendra but they have not received their remuneration for a considerable time from 2008 to 2011. The representation made by the petitioners was made in the year 2014, i.e. more than two and a half years ago.
In such view of it, I dispose of the writ petition by 2 giving liberty to the petitioners to make a representation to the respondent no. 3 within a period of three weeks. In case such representation is made the respondent no. 3 shall call for the records, ascertain the position including the veracity of the claim that may be made by the petitioners and shall dispose of the matter within a period of eight weeks from the date of receipt of the representations. He shall also be entitled to give a hearing to the petitioners, if necessary. In case the respondent no. 3 is of the view that the petitioners are entitled to the arrear remuneration for the entire period, as mentioned above, or part thereof he shall pass necessary and consequential order so that the petitioners may get the arrear remuneration within a period of six weeks thereafter.
In the event the respondent no. 3 is of the view that the petitioners are not so entitled he shall dispose of the representations by a reasoned order and shall communicate the same to the petitioners within a week thereafter.
Since this writ petition is disposed of without calling for the affidavits, allegations made in the writ petition are deemed to have been denied. There will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties on priority basis.
(Dr. Sambuddha Chakrabarti, J.) 3