Calcutta High Court (Appellete Side)
Swapan Kumar Modak vs The State Of West Bengal & Ors on 1 July, 2019
Author: Shampa Sarkar
Bench: Shampa Sarkar
1.7.2019
Court No. 19
Item No. 42
Ashoke
W.P. 18236(W) of 2018
Swapan Kumar Modak
-versus-
The State of West Bengal & Ors.
Mr. Sandip Pal.
... For the Petitioner.
Mr. Supriyo Chattopadhyay,
Mr. Sabyasachi Mondal.
... For the State.
The petitioner is the widower of the deceased Ganga Sardar (Modak) who died in
harness on August 2, 2012. The wife of the petitioner was an Assistant Teacher
of Srikole High School, Howrah. During her service period of 16 years, the said
Ganga Sardar (Modak) granted special medical leave for 18 months.
It is the contention of the petitioner that while making payment of the death
benefit of his deceased wife, the petitioner was not paid the salary of his
deceased wife for the period when the petitioner's wife was granted special
medical leave of about 18 months.
Mr. Chattopadhyay, learned advocate, appearing on behalf of the State
respondents submits a report prepared by the District Inspector of Schools
(S.E.), Howrah, from which it appears that the 12 months of special leave on full pay was given to the petitioner for the period January 8, 2011 to January 7, 2012 an amount of Rs.4,26,301/- was sanctioned by the Deputy Director of School Education. The said amount was disbursed by the District Inspector of Schools (S.E.), Howrah, to the Additional District Inspector of Schools (S.E.), Uluberia Sub Division.
The Headmaster of the school authority concerned informed the District Inspector of Schools (S.E.), Howrah, in writing on October 4, 2018 that the school authority had informed the petitioner to submit necessary documents but the petitioner did not submit the same and two forms were also sent in this regard which came back unsigned. As a result, the school authority did not pay the amount.
Another part of the arrear from July 8, 2010 to January 7, 2011 has been objected by the Assistant Director of Accounts, School Education Department, Howrah. The objection has been submitted to the Additional District Inspector of School Education, Uluberia, after compliance by the school authority on April 17, 2018.
This writ petition is disposed of granting liberty to the petitioner to approach the authorities concerned, namely, the school authority as also the Additional District Inspector of Schools (S.E.), Uluberia, to rectify the defects and provide necessary documents for disbursing the entire amount. It is to be noted herein that the amount of Rs.4,26,301/- has already been sanctioned which should be paid to the petitioner by the school authority as soon as the petitioner rectifies the defect.
With regard to the amount objected to for the arrear payment on special leave for the remaining six months, the school authorities as also the petitioner shall rectify all defects and comply with all the necessary formalities as directed.
After compliance of all the formalities, the Joint Director of Accounts shall proceed in accordance with law and take expeditious step for payment of the said amount.
Let the instruction of the District Inspector of Schools (S.E.), Howrah, forwarded by the learned advocate for the State respondents, be kept on record.
The writ petition is disposed of.
There will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible.
(Shampa Sarkar, J.) 1 3