Calcutta High Court (Appellete Side)
Asit Kanti Sarkar vs The State Of West Bengal & Ors on 26 April, 2012
Author: Jayanta Kumar Biswas
Bench: Jayanta Kumar Biswas
1
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
Present:
The Hon'ble Mr. Justice Jayanta Kumar Biswas.
C.A.N.No.3794 of 2012
in
W.P.No.18576 (W) of 2007
Asit Kanti Sarkar
v.
The State of West Bengal & Ors.
Mr. Arunava Ghosh
Mr. Vinay K. Mishra
Mr. Sanjib K. Bakshi
...for the petitioner.
Mr. Jayanta Banerjee
Mr. Anirban Datta
... for the State.
Heard on: April 26,2012.
Judgment on: April 26,2012.
The Court: The petitioner in this WP under art.226 dated August 24,2007
is seeking a mandamus commanding the respondents to pay him salary arrears
for the period from November 30,1987 to April 30,2002.
In 1987 the petitioner was working as an Assistant Teacher in Jadavpur Rishi Aurobinda Vidyapith. The school was and is a recognized non-government aided secondary school. In connection with a case under s.498A/306/34 IPC the petitioner was arrested. In the FIR he was named as Asit Sarkar. By a decision dated December 20,1987 the Managing Committee of the school suspended the petitioner with effect from November 30,1987. By a decision dated January 21,2002 the Criminal Court acquitted the petitioner.
By decisions recorded in a resolution dated April 27,2002 the Managing Committee rescinded the suspension and directed to treat the petitioner as on 2 duty without any break. The petitioner reported for duty on May 2,2002. By a letter dated May 16,2002(at p.50) the School Authority sent the Managing Committee's decision to rescind the suspension for approval to the West Bengal Board of Secondary Education. The Board was requested to treat the period of suspension " as normal service."
By a memo dated July 4,2002( at p.51) the Dy.Secy.(Admn.) of the Board informed the School Authority that the Managing Committee's decision was approved by the Board. Treating the period as service without break the School Authority prepared the salary arrears bill and submitted the bill to the District Inspector of Schools under cover of a letter dated October 9,2002(at p.53). The confusion started thereafter. Fact remains that the petitioner was not paid salary arrears and other benefits.
The State has been contesting the case. It affirmed an opposition, but did not file it, though a copy thereof was served on the petitioner who filed his reply. Mr. Banerjee appearing for the State submits under instructions that following a decision of the Board in a similar case (the case of one Samar Kumar Majumdar a Group-D staff of one Bagmari Manicktala Govt. High School), the State has decided to give the petitioner full salary and allowances treating him as in continuous service without any break.
It seems to me that the State's decision is consonant with the decisions of the Managing Committee and the Board. In its resolution dated April 27,2002 the Managing Committee recorded its decisions to rescind the suspension with effect from May 2, 2002 and to treat the period of suspension as continuous service without break. In the letter dated May 16,2002 the School Authority requested the Board to approve the revocation of suspension and treat the period of suspension " as normal service."
By the memo dated July 4,2002 the Board's unqualified approval was made known. Steps taken thereafter by the School Authority that prepared the 3 salary arrears bill treating the petitioner as in continuous service without any break show that there was no confusion. In the absence of the Board's qualified approval all concerned ought to have treated the petitioner as in continuous service without break during the entire period of suspension and he ought to have been given all admissible benefits.
For these reasons, I dispose of the WP ordering as follows.
If necessary, the Board shall issue the requisite order, consonant with this decision, for keeping its records straight. The State shall pay the petitioner salary arrears, etc. treating him as in continuous service without break during the entire period of suspension. Incidental steps for pay revision, fixation, etc. shall be taken. The period shall be counted for all purposes including pension, if the petitioner is entitled to pension.
Payable amounts shall be paid with interest at the rate of 5% per annum from October 10,2002 when the School Authority submitted the case( as will appear from the document at p.53) to the District Inspector of Schools till the date of payment. Compliance with all directions within eight weeks from the date of service of this order. CAN No.3794 of 2012 filed by the State seeking costs remission is allowed. No costs. Certified xerox.
sh (Jayanta Kumar Biswas,J)