(Ad 72) vs The State Of West Bengal & Ors
2022 Latest Caselaw 7891 Cal

Court No. 17                         WPA 7691 of 2022

29.11.2022                          Narayan Chandra Roy
(AD 72)                                       Vs.
                                The State of West Bengal & Ors.
(S. Banerjee)




                         Mr. Sakti Pada Jana
                         Mr. Subhajyoti Das
                                                         ... for the petitioner
                         Mr. Sustnta Pal
                         Mr. Prabir Kumar Ray
                                                              ... for the State


                         The petitioner has prayed for arrear pension and

                in this matter I directed the concerned respondent,

being the District Inspector of Schools, to file a report.

In the report it is found that one review

application, being RVWO No. 5 of 2022, in connection

with the judgement and order passed in APO 121 of

2007 which arose out of WP No. 1528 of 2002, has been

filed. The State-respondents have submitted that

against this Special Bench judgement they moved the

Hon'ble Supreme Court but the SLP has been

dismissed. However, from a copy of the order passed by

the Hon'ble Supreme Court in Special Leave Petition

(Civil) Diary No(s). 1398 of 2020 it appears that the

Hon'ble Supreme Court held -

"We are not inclined to interfere with the impugned judgment passed by the High Court. Special Leave Petitions are dismissed."

From the said order it appears that this is not a

plain and simple dismissal of SLP. The Hon'ble Supreme

Court has categorically stated that it is not inclined to

interfere with the impugned judgement passed by the

High Court. Therefore, the SLP was dismissed on merit

as it was not a plain and simple dismissal of SLP.

Therefore, I do not know under what provision of

law such a review application could be filed after

dismissal of the SLP as the Hon'ble Supreme Court was

not inclined to interfere with the impugned judgement

passed by the High Court. I am told that the review

application has been filed with one condonation of delay

application. Such review application has not been

moved till date and it is an application with delay.

Therefore, under the law there is no existence of

the review application unless the application for

condonation of delay is allowed. In any event, I have

serious doubt whether such a review application after

dismissal of SLP can be filed and I hold that such a

review application, after dismissal of SLP on merit as

stated above, cannot be filed. This is only an endeavor

to delay the matter.

Therefore, I do not accept the contention of the

State-respondents that one review application is

pending from the appeal court's order as has been

stated above.

The order passed by the Special Bench of this

court in APO No. 121 of 2007 arising out of WP No.

1528 of 2002 (Md. Abdul Ghani -Vs.- State of West

Bengal & Ors.) and a copy of the order passed by the

Hon'ble Supreme Court have been produced before me

and such orders are kept on record.

Hence, the report filed by the District Inspector of

Schools (PE), Dakshin Dinajpur in WPA No. 7691 of

2022 is held as of no merit.

Therefore, this writ application is allowed.

Learned advocate for the State has submitted that

in respect of interest he wants to make submission

when learned advocate for the petitioner, Mr. Jana,

has submitted that his client is not praying for any

interest on the arrear pension.

Considering such submissions of the parties, I

direct the respondent nos. 3, 4 and 5 to pay the arrear

of pension for the period, as has been prayed for in

prayer (a) of the writ application, after verification of

such particulars for the period and to pay the arrear

pension within a pension of six months from date.

(Abhijit Gangopadhyay, J.)