Calcutta High Court (Appellete Side)
(Smt. Banani Das (Nandy) vs State Of W.B. & Ors) on 23 July, 2014
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1
3-07-14
W.P. No. 14028(W) of 2003
(Smt. Banani Das (Nandy) vs. State of W.B. & Ors)
Mr. Tarapada Haldar ... for the petitioner
Mr. Supriyo Chattopadhyay ... for the State
Mr. Arun Mitra... for the respondent Nos. 4 & 5
The writ petitioner, who is an approved Assistant Teacher in Science Group in New Jalpaiguri Railway Colony High School, after she improved her qualification in the teaching subject, was granted higher scale of pay by the concerned authority but on the plea that her study leave was not regularised, the concerned authority initially declined to pay her arrear dues. Thereafter, although the leave has been regularised but no arrear has been paid.
Being aggrieved by such denial, this writ application has been brought before this court. This application was filed in the year 2003 and the same for the first time was taken up for hearing by this Bench on 7th January, 2014. However, no hearing could have been done because of the illness of the learned Counsel of the writ petitioner until 7th April, 2014.
Having noticed this gross arbitrary action on the part of the respondent authorities, this court directed both the Secretary of the Managing Committee of the School and the Headmaster as also the District Inspector of Schools (SE), Jalpaiguri to be personally present in court to explain as to why the petitioner's grievances has not been meted out. Accordingly, all of them appeared in person and assured this court that they are going to take immediate action in this regard and on such assurance hearing was adjourned.
Lastly, on July 1, 2014 this court has been informed by the counsel representing the respondent nos. 3, 4 and 5 that all the outstanding has been paid to the writ petitioner and the same has been realized by her.
2The learned counsel appearing for the writ petitioner has not disputed such claim of the counsels of the respondents.
Having regard to the fact that the grievance of the writ petitioner has been meted out, nothing survives in this writ application and accordingly this application stands disposed of.
Urgent xerox certified copy of this order, if applied for, be given to the parties within a week from the date of making such application.
(Ashim Kumar Roy, J.)