Calcutta High Court (Appellete Side)
(Ab) vs The State Of West Bengal & Ors on 3 January, 2022
Court No. 24 W.P.A. 19157 of 2021
03.01.2022
(via video conference)
(Item No. 84)
Naba Kumar Hazra
(AB) VS
The State of West Bengal & Ors.
Mr. Prantick Ghosh
... for the petitioner.
Mr. Ratul Biswas
... for the Council
The petitioner is a Primary School Teacher. He was
placed under suspension with effect from 30th July, 2011
when he was arrested in connection with Jagatballavpur
Police Station case No. 204/2011 dated 30th July, 2011
under sections 498A/304B/34 of the IPC. The suspension
order indicated that the petitioner was entitled to get the
suspension allowance as per Rules.
By a further Office Memorandum dated 20th
November, 2014 the suspension order of the petitioner was
withdrawn. He was directed to join the school immediately.
He was intimated that he was entitled to get his salary as
admissible in regular course from the date of his joining.
The petitioner was acquitted in the criminal case vide
judgment dated 3rd March, 2017 in ST-162/2012 passed by
the learned Additional Sessions Judge, Fast Track Court-II,
Howrah.
By a communication dated 10th August, 2017 the
Chairman District Primary School Council, Howrah
communicated to the Sub-Inspector of Schools
Jagatballavpur South Circle that the petitioner on being
acquitted in the criminal case is entitled to get his due
service benefit along with his arrear salary as admissible in
accordance with law from the date of his suspension i.e. 30th
July, 2011 and onwards prior to rejoining his duty on
24.11.2014 subject to adjustment with the allowances
already received by him for the said period.
The grievance of the petitioner is that till date the
arrear salary and other admissible dues have not been
disbursed in his favour. The petitioner made several
representations before the Council but no response has
been received till date.
The learned advocate representing the District
Primary School Council, Howrah submits, upon
instructions, that the Council has calculated the entitlement
of the petitioner and it appears that the petitioner is entitled
to receive a sum of Rs.4,45,297/-. The Chairman by a
communicating memo No. 408/H dated 28th March, 2019
requested the Commissioner, School Education Department
to allot fund for releasing the arrear salary of the petitioner.
The Council has not received any fund from the
Commissioner, School Education Department till date.
It has been submitted that the Council replied to the
queries sent by the School Education Directorate, but even
thereafter no fund as yet been allotted for the purpose of
disbursing the arrear dues of the petitioner.
As it appears that the Council has already taken up
the issue and sought for funds from the School Education
Department accordingly the Secretary, Directorate of School
Education (Primary Education) is directed to take necessary
steps for disbursal of the arrear dues of the petitioner in
accordance with law, at the earliest, but positively within a
period of ten weeks from the date of communication of a
copy of this order.
The writ petition stands disposed of.
The instruction forwarded by the Howrah District
Primary Council to the learned advocate is retained with the
records.
Urgent photostat certified copy of this order, if applied
for, be given to the parties after completion of all legal
formalities.
(Amrita Sinha, J.)
