Rajesh Kumar Sardar & Ors vs The State Of West Bengal & Ors
2021 Latest Caselaw 3105 Cal

24-05-2021
 ct no. 13
  Sl.2
   sp

                          WPA 8981 of 2020
                     (Through Video Conference)

                     Rajesh Kumar Sardar & Ors.
                              -Versus-
                    The State of West Bengal & Ors.

             Mr. Satyajit Mondal,
             Mr. Amar Nath Sen,
             Mr. Malay Dhar
                                             ....for the petitioners

             Mr. Swapan Kumar Datta
                                                     ...for the State

             Mr. Shyama Prasad Purkait,
             Ms. Moumita Mondal
                             ...for the respondent no. 17

A CAN application, affirmed on May 19,

2021, has been filed seeking direction upon the

respondents to pay the salary and remuneration

on the petitioners regularly month by month.

The petitioners are admittedly appointed by the

Zilla Sainik Board.

The State represented by Mr. Swapan

Kumar Datta, learned Senior Advocate, submits

that the petitioners are, indeed, rendering

service and the State has no objection otherwise

to make payment of salary and allowances.

It is, however, submitted that the

petitioners should have approached the State for

salary and allowances through a Society.

Let the respondent State file a report by

way of affidavit within a period of 2 weeks from

date indicating the stand of the State. The

modus operandi of receiving salary and

allowances shall be specified in such report. The

report shall also indicate whether the payment

can be made to the petitioners directly to the

respective bank accounts by the State through

any other modality since admittedly the

petitioners are rendering service.

Let this matter stand adjourned and be

listed 2 weeks hence.

It is made clear that time to file report as

directed herein above is peremptory.

The Department is directed to number the

aforesaid application and let the same be listed

on the adjourned date.

Urgent photostat certified copy of this

judgment, if applied for, be given to the parties

upon compliance of all formalities.

(Rajasekhar Mantha, J.)