Calcutta High Court (Appellete Side)
State Of West Bengal & Ors vs Tushar Kanti Mondal & Ors on 4 November, 2019
Author: Hiranmay Bhattacharyya
Bench: Hiranmay Bhattacharyya
1
04.11.2019
09
RP Ct.05
FMA 510 of 2019
State of West Bengal & Ors.
Vs.
Tushar Kanti Mondal & Ors.
+
CAN 6322 of 2019
Mr. Joytosh Majumder, Ld. Govt. Pleader
Mr. Himadri Sekhar Chakraborty, Adv.
Ms. Suchitra Paul, Adv.
.... For Appellants
Mr. Ekramul Bari, Adv.
Ms. Tanuja Basak, Adv.
.... For Writ Petitioner/Respondent no.1
In Re : CAN 6322 of 2019 Mr. Majumder, learned Government Pleader submits all the respondents have been served and he assures the Court to file an affidavit-of-service in course of today.
Mr. Bari, learned Advocate for the writ petitioner/respondent no.1 makes a grievance that in spite of the fact that the writ petitioner/respondent no.1 has been working, the authorities have not released any salary to him.
2Heard Mr. Majumder, learned Government Pleader and Mr. Bari, learned Advocate for the writ petitioner/respondent no.1.
The authorities are directed to ascertain the factual position and if the respondent no.1 is not getting his salary they are directed to take all possible steps so that salary of the respondent no.1 for the month of October 2019 is released to him by November 15, 2019. We make it clear that salary for the subsequent months shall be disbursed in favour of the writ petitioner/respondent no.1 as per the practice prevailing in the school. So far as the arrear salary i.e. the period beginning from the date of joining the school till September 2019 is concerned, the same shall be paid to the writ petitioner/respondent no.1 by December 10, 2019. So far as the entitlement of the writ petitioner/respondent no.1 to receive the salary as directed by the learned single Judge before his joining the school is concerned, the same shall be abide by the result of the appeal.
The appellants are directed to keep the respondents no.2 to 9 informed of the order passed today within a week's time. The learned Advocates for the parties are directed to communicate the gist of the order to the appropriate authorities and they shall act on such communication without insisting on certified copy of the order.
With the directions as aforesaid, the application being CAN 6322 of 2019 is disposed of.
3
In Re: FMA 510 of 2019 Office is directed to effect service of notice of appeal upon the respondents 2 to 9. The appellants are directed to put in the requisites for effecting service of notice of appeal in course of this week, failing which the appeal shall stand dismissed without any further reference to this Court.
The appellants are directed to prepare and file the requisite number of paper books out of Court within a period of three weeks. Liberty to mention after preparation of paper books and after the appeal is made ready for hearing.
(DR. SAMBUDDHA CHAKRABARTI, J.) (HIRANMAY BHATTACHARYYA, J.) 4