Sukumar Das vs The State Of West Bengal & Ors
2023 Latest Caselaw 4721 Cal

03.08.2023
Item No. 4
Ct. No. 238
AKG
                                     WPA 9409 of 2022
                                         Sukumar Das
                                               Vs.
                                 The State of West Bengal & Ors.

                   Mr. Kallol Basu,
                   Mr. Suman Banerjee,
                                                     ...for the Petitioner




                     Let the affidavit of service filed by the petitioner

              be kept with the records.

                     Despite    service,    the   respondents      are    not

represented.

Having regard to the facts presented in the

case, it is not necessary to adjourn the hearing. It is

the grievance of the petitioner that he was appointed

as an Electrician-cum-Caretaker (Group-C) at

Kidderpore College, Kokata. He was given promotion

to the post of Cashier by a letter dated August 12,

2017, issued by the Principal of the said College.

The college thereafter sought pay fixation of the

petitioner from the Director of Public Instructions for

the said post by a letter dated November 13, 2017.

The Director of Public Instructions, West

Bengal, however, declined to accord his approval on

the ground that the post of Electrician-cum-Caretaker

is not a feeder post for the post of Cashier. The order

of the Director of Public Instructions, West Bengal

was challenged by the petitioner by filing a writ

petition before this Court. A Co-ordinate Bench of this

Court by an order dated November 22, 2019 set aside

the said order of the Director of Public Instructions

dated June 6, 2019 and directed him to take a fresh

decision in the light of the observations made in the

judgment and upon taking into consideration all

documents as annexed to the writ petition.

In compliance with the said order dated

November 22, 2019, a meeting was held at the office

of the Director of Public Instructions on December 17,

2019.

It appears from the minutes of the meeting that

the Director of Public Instructions felt that a

clarification from the Department of Higher Education

was required to resolve the issue.

Learned advocate appearing for the petitioner

submits that after the said meeting held on December

17, 2019, nothing has been communicated to the

petitioner thus far.

Considering the aforesaid facts, I dispose of this

writ petition with a direction upon the Director of

Public Instructions to seek a clarification from the

Higher Education Department of the State within a

period of seven days from the date of communication

of this order, if such clarification has not already been

sought.

The Principal Secretary, Higher Education

Department is expected to communicate his

clarification within a period of two weeks from the

date of receipt of the request from Director of Public

Instructions, West Bengal. The Director of Public

Instructions, thereafter, shall decide the matter

within a period of one month upon giving an

opportunity of hearing of the petitioner.

With the aforesaid directions, WPA 9409 of

2022 is disposed of.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties expeditiously

on compliance of usual legal formalities.

(Kausik Chanda, J.)