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Calcutta High Court (Appellete Side)

Sri Ranjit Kumar Das vs Katwa Municipality & Ors on 12 January, 2018

Author: Debasish Kar Gupta

Bench: Debasish Kar Gupta

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12.01.2018.
Item no. 4.
Court No. 19
    ap                    W.P. No. 10237 (W) of 2015
                             Sri Ranjit Kumar Das
                                    Versus
                           Katwa Municipality & Ors.

                    Mr. Ayan Banerjee,
                    Ms. Debasree Dhamali.
                                                   ...For the Petitioner.

                    Mr. Tapas Kumar Bhattacharya,
                    Mr. Aviroop Bhattacharya.
                                      ...For the Respondent No.3.

Mrs. Sipra Majumder, Mrs. Prativa Ghatak.

...For the State.

This is an application filed under Section 226 of the Constitution of India.

The grievance of the petitioner is this his salary arising out of his services under the respondent Municipality for the period from June 23, 1992 to June 30, 2004 after due adjustment of the subsistence allowance which had been paid to him during the aforesaid period has not been released by the respondent authority.

According to the petitioner, his other dues arising out of his aforesaid services have been released by the respondent Municipality in 2 compliance of an order dated July 5, 2013 passed in W.P. No. 3088 (W) of 2005.

The aforesaid submission made on behalf of the petitioner has not been disputed by the learned Advocate for the respondent Municipality.

In that view of the matter, I direct the respondent Municipality to pass an order calculating the amount due and payable to the petitioner towards his salary for the aforesaid period from June 23, 1992 to June 30, 2004 after due adjustment of the subsistence allowance which has already been paid to him by passing a reasoned order after giving an opportunity of hearing to the petitioner within a period of one month.

Needless to point out that the aforesaid order shall be forwarded to the competent authority within a period of two weeks from the date of passing the aforesaid order and the competent authority shall release the same in favour of the petitioner within a further period of one month from the date of receipt of such order.

Accordingly, this writ petition stands disposed of.

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There will be, however, no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities.

(Debasish Kar Gupta, J.)