Calcutta High Court (Appellete Side)
Sc W. P. 22354 (W) Of 2014 Dr. Pranab Kumar ... vs The State Of West Bengal & Ors.) on 28 January, 2015
Author: Dipankar Datta
Bench: Dipankar Datta
1
7 28.1.15
Sc W. P. 22354 (W) of 2014 Dr. Pranab Kumar Bhattacharyya
-Vs.-
The State of West Bengal & Ors.)
with
W. P. 22355 (W) of 2014 Suddhasattwa Mahanta
- Vs.-
The State of West Bengal & Ors.
with
W. P. 22356 (W) of 2014 Nimai Chandra Majumder
-Vs.-
The State of West Bengal & Ors.
with
W. P. 22357 (W) of 2014 Tushar Kanti Guha
-Vs.-
The State of West Bengal & Ors.
with
W. P. 22358 (W) of 2014
Manotosh Brahma
-Vs.-
The State of West Bengal & Ors.
with
W. P. 22359 (W) of 2014 Asit Roy Choudhury
-Vs.-
The State of West Bengal & Ors.
with
W. P. 22361 (W) of 2014 Parimal Sutradhar
-Vs.-
The State of West Bengal & Ors.
with
W. P. 22363 (W) of 2014 Alok Krishna Chaudhrui
-Vs.-
The State of West Bengal & Ors.
with
W. P. 22665 (W) of 2014 Dr. Tushar Kanti Kumar
-Vs.-
The State of West Bengal & Ors.
with
W. P. 22667 (W) of 2014 Suddhasattwa Mahanta
-Vs.-
The State of West Bengal & Ors.
with
W. P. 22614 (W) of 2014 Manik Chandra Kabi
-Vs.-
The State of West Bengal & Ors.
with
W. P. 21176 (W) of 2014 Sanjay Bandopadhyay
-Vs.-
The State of West Bengal & Ors.
with
W. P. 21049 (W) of 2014 Nirmal Kr. Biswas
-Vs.-
The State of West Bengal & Ors.
2
with
W. P. 21047 (W) of 2014 Ruhidas Sarkar
-Vs.-
The State of West Bengal & Ors.
with
W. P. 29597 (W) of 2014 Arun Kumar Dey
-Vs.-
The State of West Bengal & Ors.
with
W. P. 25762 (W) of 2014 Kali Kinkar Acharya
-Vs.-
The State of West Bengal & Ors.
with
W. P. 25763 (W) of 2014 Sadhan Dasgupta
-Vs.-
The State of West Bengal & Ors.
with
W. P. 25765 (W) of 2014 Partha Das
-Vs.-
The State of West Bengal & Ors.
with
W. P. 25766 (W) of 2014 Parbati Kishore Sarkar
-Vs.-
The State of West Bengal & Ors.
with
W. P. 25767 (W) of 2014 Subrata Banerjee
-Vs.-
The State of West Bengal & Ors.
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Mr. Ranajit Chatterjee ......For the petitioner in the writ petitions except W.P. No. 25762 (W) of 2014 W.P. No. 25763 (W) of 2014 W.P. No. 25765 (W) of 2014 W.P. No. 25766 (W) of 2014 W.P. No. 25767 (W) of 2014.
Mt.Joydeep Roy ......For the petitioner in the writ petitions W.P. No. 25762 (W) of 2014 W.P. No. 25763 (W) of 2014 W.P. No. 25765 (W) of 2014 W.P. No. 25766 (W) of 2014 W.P. No. 25767 (W) of 2014 Ms. Lina Majumder ......For the University (in all the writ petitions).
Mr. Anami Sikdar Ms. Ashima Das.
......For the State in WP 22614 (W) of 2014.
Mr. Amal Kumar Sen Mr. Srikanta Paul.
......For the State in WP 22354 (W) of 2014.
3Mr. Pranab Dutta Mr. Tulsidas Ray.
......For the State in WP 21176 (W)of 2014.
Ms. Anjusree Mukherjee Ms. Susmita Biswas Chowdhury.
.....For the State in WP 22358 (W) of 2014 Ms. Anjusree Mukherjee Mr. Srikanta Paul.
......For the State in WP 22359 (W)of 2014 Mr. Jahar Datta ......For the State in WP 22667 (W)of 2014.
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Mr. Chatterjee and Mr. Roy, learned advocates appearing for the different petitioners have placed before this Bench certain charts indicating their specific points of grievance. It appears that some of the petitioners have claimed interest for delayed payment whereas others have claimed interest together with arrears of pension/leave salary. In respect of two of the petitioners, they have sought for adjudication on the issue of recovery of alleged excess payment.
Having heard learned advocates for the parties and considering the nature of grievance that has been voiced today, I am of the opinion that W.P. 22363 (W) of 2014, W.P. 29597 (W) of 2014, W.P. 21049 (W) of 2014, W.P. 21047 (W) of 2014, W.P. 22614 (W) of 2014, and W.P. 25762 (W) of 2014 need not be kept pending any further and that the same may be disposed of by issuing appropriate directions. Accordingly, the said writ petitions stand disposed of granting liberty to each of the petitioners to submit detailed representation to the Principal Secretary, Department of Agriculture, Government of West Bengal indicating their specific points of grievance together with 4 complete factual particulars within a fortnight from date and on such receipt, the Principal Secretary shall proceed to consider the grievances of the petitioners individually by granting them opportunity of hearing, if necessary.
In the event the grievance(s) of any of/all the petitioners is/are found to be without merit, the Principal Secretary shall pass separate reasoned orders disposing of such representations.
On the contrary, if the claim of any of/all the petitioners deserve(s) acceptance, follow up steps, in accordance with law, shall be taken up within sixteen weeks from the date of receipt of the respective representations.
Insofar as W.P. No.22357 (W) of 2014 and W.P. 25762 (W) of 2014 are concerned, it appears that the petitioners are claiming interest for delayed payment, arrears of pension/leave salary, arrears of salary as well as refund of amount which have been withheld on account of alleged over-drawal. Mr. Chatterjee and Mr. Roy submit that these writ petitions may also be disposed of granting the respective petitioners liberty to approach the Principal Secretary with suitable representations ventilating their grievances. It is ordered accordingly.
The representations of the petitioners, if any, shall be considered and disposed of in the manner as observed hereinabove while disposing of the other writ petitions.
The submission of Mr. Sen, learned advocate for the State that steps have been taken to release the admissible dues in 5 regard to all the petitioners whose names figured at serial nos. 1 to 11 of the auditor's report, is recorded. Since in terms of the order dated 20th January, 2015 three weeks' time was granted for payment of the admissible dues, I hope and trust that the payment shall be released without undue delay in compliance with the Court's order.
There shall be no order for costs.
ACO Photostat copy of this order, duly countersigned by the Assistant Court Officer shall be retained with the records of all the writ petitions which are disposed of by this order.
The remaining writ petitions shall be listed for further consideration on 13th February, 2015.
(Dipankar Datta,J.)