Calcutta High Court (Appellete Side)
(Laxmi Kanta Patra vs State Of West Bengal & on 28 October, 2014
Author: Dipankar Datta
Bench: Dipankar Datta
1
15 28.10.2014
pg
W.P. 28186(W) of 2014
(Laxmi Kanta Patra vs. State of West Bengal &
Ors.)
Ms. Reshmi Ghosh..............for the petitioner
Mr. Amit Prokash Lahiri
Mr. Abdus Salam...................for the State
Mr. Samiran Mondal..............for the respondent no. 3
The District Project Officer, Sarva Siksha Mission, Paschim Medinipur engaged the petitioner on the post of Upper Primary Para-Teacher at Ekarukhi Chandi High School by a letter dated March 01, 2011. Such letter records that the engagement would be valid until the petitioner attains 60 (sixty) years of age and that he shall receive a one-time payment of gratuity of Rs. 1,00,000/- provided of course, 10 (ten) years service has been rendered by him.
The petitioner was arrested on August 19, 2014 in connection with Belda Police Station F.I.R. No. 200 of 2014 dated August 04, 2014 under Sections 498(A)/323/506/406/354/34 of the Indian Penal Code and released on bail on August 30, 2014. Since the petitioner was in custody in excess of 48 hours, he was deemed to be placed under suspension from the date of his arrest.
On being enlarged on bail, the petitioner applied on September 01, 2014 before the headmaster of the school to allow him resume his duty as an upper 2 primary para-teacher. The headmaster by his letter dated September 03, 2014 solicited guidance from the district project officer. Till date, the guidance is awaited.
Since the petitioner has not been allowed to resume duty and his salary has also not been paid, this writ petition has been presented praying for a direction upon the respondents to allow him discharge his duty as an upper primary para-teacher and to release his arrears of salary.
I have not been shown any rule that empowers the respondents to release subsistence
allowance in favour of a teacher like the petitioner, who is deemed to be under suspension. Unless there is any rule for payment of subsistence allowance, the incumbent concerned is entitled to full salary despite not performing any work. Bearing in mind the same, I am of the considered opinion that the district project officer ought to take an appropriate decision as to whether it would be desirable, on facts and in the circumstances, to allow the petitioner resume his duty or not.
A reasoned order shall be passed by the district project officer on the petitioner's claim for resumption of duty noticed above, as early as possible, but not later than a fortnight from date of receipt of a copy of this order.
It is also made clear that while considering the petitioner's claim for resumption of duty, the district 3 project officer shall also consider the aspect of non- payment of arrears of salary and pass an appropriate order in this regard.
The writ petition stands disposed of with the aforesaid directions.
There shall be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously.
(DIPANKAR DATTA,J.)