Calcutta High Court
Mrs. Ila Chakraborty vs The State Of West Bengal & Ors on 21 November, 2013
Author: Patherya
Bench: Patherya, Tapash Mookherjee
ORDER SHEET
GA No.2223 of 2013
APOT No.349 of 2013
WP No.451 of 2013
IN THE HIGH COURT AT CALCUTTA
Civil Appellate Jurisdiction
ORIGINAL SIDE
MRS. ILA CHAKRABORTY
Versus
THE STATE OF WEST BENGAL & ORS.
BEFORE:
The Hon'ble JUSTICE PATHERYA
AND
The Hon'ble JUSTICE TAPASH MOOKHERJEE
Date: 21st November, 2013
Mr. Shaktipada Jena, Adv.
..for the appellant
Mr. Jyotosh Majumdar, Adv. with
Ms. Debjani Roy, Adv.
..for the respondent nos.1 to 3
Mr. Sanjay Kumar Baid, Adv. with Mr. Sailendra Kumar Tiwari, Adv.
..for the respondent nos.4 to 6 The order under appeal is dated 6th June, 2013 whereby the writ petition was dismissed on the ground of the same being not maintainable. The reason for holding that the writ petition is not maintainable is (i) no relationship of employer and employee existed between the school authorities and the appellant-writ petitioner; and (ii) the writ petition had been filed for arrear salary after retirement by the appellant-writ petitioner.
Admittedly, the school is a DA aided school and this DA is paid by the State Government. Therefore, in view of the decision reported in 2 2011 (4) CHN 384, the writ petition would be maintainable against the school, which though run by missionaries receive aid or grant in respect of DA. Accordingly, the order dated 6th June, 2013 in holding that the said writ petition is not maintainable cannot be sustained in the eye of law and is, accordingly, set aside.
Counsel for the school has taken the point that this writ petition ought to have been filed on the Appellate Side and, therefore, it should be listed on the Appellate Side. It has not been submitted by the Counsel for the school authorities that this Court lacks territorial jurisdiction. Therefore, as the territorial jurisdiction is vested in this Court and allocation of business is only made for matters to be disposed of expeditiously, this argument does not find favour.
Accordingly, the matter is remanded to the Trial Court for hearing. Time to file affidavit-in-opposition by the respondents is extended till 2nd December, 2013. Let an advance copy be served on the Counsel for the appellant by 29th November, 2013; reply, if any, be filed within a week thereafter. Matter be mentioned for listing before the appropriate Bench according to its convenience.
In view of the aforesaid, the appeal succeeds and is, accordingly, disposed of.
3
It is, however, made clear that the merits of the case has not been considered and it is open to the parties to agitate all the issues except the issue of maintainability, before the Trial Court.
All parties are to act on a signed photocopy of this order on the usual undertakings.
(PATHERYA, J.) (TAPASH MOOKHERJEE, J.) AKGoswami