Calcutta High Court (Appellete Side)
Sadanand Pandey vs State Of West Bengal & Ors on 9 December, 2011
Author: Ashoke Kumar Dasadhikari
Bench: Ashoke Kumar Dasadhikari
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09.12.2011 W.P. 7049(W) of 2009
ss
Sadanand Pandey
Vs.
State of West Bengal & ors.
Mr. Biswaroop Bhattacharya
Mr. Tarun Kumar Das
... For the petitioner
Mr. Sundarananda Pal
Mr. Tulsidas Maity
... For the State
Mr. Bhattacharya, learned Counsel appearing for
the petitioner submits that the arrear claim of the retired
teacher, Sadanand Pandey, has not been paid although it
was admitted by the Additional District Inspector of
Schools (SE), Anansol Sub-Division in his letter dated
26th February, 2007, addressed to the Director of School
Education, West Bengal that the writ petitioner is
entitled to get an amount of Rs.1,95,159/- as arrear
claim. In that letter the Additional District Inspector of
Schools requested the Director of School Education to
release the aforesaid amount for making payment to the
writ petitioner.
Mr. Bhattacharya further submitted that there is
discrepancy in fixing the pay scale of the writ petitioner
and also fixation of pensionary benefits that should also
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be decided by the concerned respondents.
Mr. Pal, learned Senior Standing Counsel appearing for the State submits that the determination as made by the Additional District Inspector of Schools makes it clear that the writ petitioner is entitled to get the amount of arrear dues to the tune of Rs.1,95,159/- which the respondents are obliged to pay. So far the other claim of the writ petitioner is concerned about fixation of pay and pension that may be considered by the respondent authorities and no direction should be issued to release any further sum in that regard.
Heard the submissions made by the learned Counsel appearing for the respective parties and considered the materials available on record. I find from the annexure P19 to the writ petition that the Additional District Inspector of Schools has already determined the arrear dues amounting to Rs.1,95,159/- to be paid to the writ petitioner for which he asked the Director of School Education to release the fund. Therefore, there is no dispute as regards the entitlement of the writ petitioner of such arrear dues.
Accordingly, I direct the Director of School Education, West Bengal to release the aforesaid amount 3 in favour of the writ petitioner. The concerned respondent would decide the case of the writ petitioner for fixation of pay scale if the writ petitioner is entitled to and also fix the pensionary benefit accordingly. The concerned District Inspector of Schools (SE), Burdwan is directed to give an opportunity of hearing to the writ petitioner as regards the pay fixation and releasing of the pensionary benefits. The entire exercise is to be completed by the respondent authorities within a period of ten weeks from the date of communication of this order.
The writ petition is, thus, disposed of. There would be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be furnished to the appearing parties on priority basis.
(Ashoke Kumar Dasadhikari, J.) 4