Calcutta High Court (Appellete Side)
Jyotsna Bar & Ors vs The State Of West Bengal & Ors on 18 April, 2019
Author: Protik Prakash Banerjee
Bench: Protik Prakash Banerjee
1
April 18, 2019
ARDR
WP 26284 (W) of 2015
+
CAN 1918 of 2017
Jyotsna Bar & ors.
Vs.
The State of West Bengal & ors.
Mr. Subir Sanyal,
Mr. Shamim ul Bari,
...for the petitioners.
Mr. Nayayan Chandra Mondal,
Ms. Ratnadipa Mondal,
...for the addition of parties.
Mr. Supriyo Chattopadhyay,
Mr. Sabyasachi Mondal,
...for the State.
An application for addition of party being CAN 1918 of 2017
has been made by the erstwhile Secretary of the managing
committee and the erstwhile headmaster of the school in question.
They purport to be aggrieved by their non-impleadment in the writ
petition. They are individuals who in their capacity as the Secretary
of the managing committee and the headmaster had approached
this Court earlier challenging the selection process wherein the writ
petitioners were successful and after having lost before a coordinate
Bench had preferred an appeal where no order had been passed
prejudicial to the writ petitioners except that the school authorities
would decide whether or not to issue appointment letters in favour
of the writ petitioners. The appointment letters have been duly
issued to the writ petitioners who are working, but they have not
got their salaries. Let the application for addition of party be traced
and let a photocopy copy of the said application be kept on record.
2
Photocopy of such application has been produced by the learned
advocate for the applicants Mr. Mondal. This application shall be
heard on affidavits. Affidavit in opposition is to be affirmed within
two weeks from date. Reply, if any, within one week thereafter. The
matter will appear in the list as 'Application' on May 10, 2019.
So far as the writ petition is concerned, Mr. Chattopadhyay
appearing for the respondents State authorities submits that the
reason why salary could be disbursed to the writ petitioners was because the school authorities have not remitted any document to the appropriate authorities of the State of West Bengal for approval of appointments. On mere issuance of appointments letters the State of West Bengal cannot release salary. This is because the District Inspector of Schools cannot raise bills on the basis of unapproved appointments.
Mr. Bari submits that his clients have been serving from April, 2015 till today without any salary whatsoever.
I am told that there is no managing committee at present in the school and therefore, there is no one to take steps on behalf of the school.
As a stopgap measure, I direct the headmaster of the said school to send the documents relating to the appointments of the petitioners to the appropriate statutory authorities for approval of the appointments which must be processed and given a logical 3 effect to. Whatever is to be done that shall be abide by the result of the writ petition, and therefore, it is not a final relief. In the event that the approval is granted, the headmaster shall raise bills and send it to the respondent no.3 and/or respondent no.4 for processing and disbursement of the salaries of the writ petitioners once again subject to the result of the writ petition within May 2, 2019.
(Protik Prakash Banerjee, J.)