Mr. Bikash Chandra Mondal & Ors vs The State Of West Bengal & Ors
2023 Latest Caselaw 4533 Cal

28.07.2023

Ct. 35
Sd. 5.               WPA 24420 of 2015
                             With
                     CAN 3454 of 2019

                 Mr. Bikash Chandra Mondal & Ors.
                             Vs.
                 The State of West Bengal & Ors.


                Mr. Ekramul Bari
                Sk. Imtiaz Uddin ..For the petitioners.

                Mr. Saikat Chatterjee ..For the State.

                Mr. Kumaresh Dalal ..For the School Authority.


                    At the outset Mr. Bari appearing for the

             petitioners has handed over copy of the judgment of

             the Hon'ble Division Bench in MAT 369 of 2020 to

             submit that the petitioners have taken out CAN 3454

             of 2019 in terms of order of the Division Bench, to

             pray for release of the outstanding salary of the

             petitioners, during the pendency of this case.

                   It has been submitted further that after grant of

             an order of stay by this Court on September 16, 2015

             to the impugned office memorandum dated September

             8, 2015, and also that dated September 11, 2015, the

             respondent authority has continued till the month of

January 2018 to provide petitioners with the salary.

Subsequently, they stopped paying salary to the

petitioners to their utter prejudice and sufferings.

Mr. Bari has vehemently opposed such conduct

of the respondent for stoppage of salary and prays for

release of salary by dint of disposing of CAN 3454 of

2019.

Mr. Chatterjee submits on behalf of the State

that the process of approval of the petitioners is

flouted with mischievousness and illegality. After due

consideration of the facts and circumstances of the

case, the office memorandum as well as the order

dated September 8, 2015 and September 11, 2015

were issued. It has also been pointed out that it was

petitioners' choice previously to withdraw the

contempt application, which they preferred to file

before this Court on the allegation of non-payment of

their salary. It has been urged that the matter may

immediately be heard on merit as the affidavits are

already completed.

Heard submissions. It is not disputed and facts

admitted as of now, that the petitioners are

continuously working in the said school since after

passing of the impugned memorandum and order as

above. It is also admitted fact that this Court's order

dated September 16, 2015 has not been challenged by

the respondents. It has not been disputed that till the

month of January 2018, the petitioners have been

granted salary but not thereafter, though State

disputes that the same has at all not been properly or

duly released.

In view of the circumstances as above, it is

found proper that the respondent authority

immediately releases current salary of the petitioners

with effect from the current English Calendar month.

However, such payment of salary shall be subject to

the final determination of this writ petition with the

undertaking from the petitioners that what they will

receive in the meantime as salary, would be returnable

in case the writ petition does not succeed.

With these directions, CAN 3454 of 2019 is

disposed of.

Post WPA 24420 of 2015 for final hearing, after

two weeks.

Let the matter be marked as part heard.

( Rai Chattopadhyay J. )