Amit Kumar Mishra vs The State Of West Bengal And Ors
2021 Latest Caselaw 400 Cal/2

OD 4

                                      ORDER SHEET

                                      WPO/77/2021

                          IN THE HIGH COURT AT CALCUTTA
                         CONSTITUTIONAL WRIT JURISDICTION
                                   ORIGINAL SIDE

                                AMIT KUMAR MISHRA
                                      VERSUS
                        THE STATE OF WEST BENGAL AND ORS.


  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF
  Date: 22nd April, 2021.

  (Via Video Conference)


                                                                              Appearance:
                                                             Mr. Anjan Bhattacharya, Adv.
                                                                        ...for the petitinoer

                                                           Ms. Chaitali Bhattacharya, Adv.
                                                      Mr. Subhendu Roy Chowdhury, Adv.
                                                                       ...for the respondent

The Court: This is an application under Article 226 of the Constitution of India

wherein in the writ petitioner is aggrieved by the order dated January 14, 2021 passed

by the District Inspector of Schools (S.E.), Kolkata in relation to interest payment with

regard to the delayed payment of earlier dearness allowance in favour of the petitioner

pending with effect from January 1, 2009 till July 31, 2014. Upon perusal of the order

passed by the District Inspector of Schools, it is clear that the said order is not a proper

reasoned order and is required to be set aside.

According, I set aside the impugned order and direct to District Inspector of

Schools (S.E.), Kolkata to grant an opportunity of hearing the petitioner once again and

thereafter pass a reasoned order in relation to the issue of payment of interest for

delayed payment of the dearness allowance. Various judgments on the points cited by

the petitioner should be taken note of by the D.I. Schools.

The writ petition being WPO No.77 of 2021 is disposed of accordingly.

Since no affidavits have been filed in this matter, the allegations made in the writ

petition are deemed not to have been admitted by the respondents.

Urgent xerox certified copy of the order, if applied for, be given to the parties upon

compliance of all formalities.

(SHEKHAR B. SARAF, J.)

B.Pal