Biswanath Seth vs The State Of West Bengal & Ors
2023 Latest Caselaw 3255 Cal

1    08.5.2023
Sc   Ct. no.22
                                          WPA 18704 OF 2022
                                                   with
                                        I. A. No.CAN 1 OF 2023
                                                   with
                                        I. A. No.CAN 2 OF 2023
                                               --------------

Biswanath Seth Vs.

The State of West Bengal & Ors.

Mr. Prosenjit Mukherjee Mr. Jahangir Hossain.

....For the Petitioner Mr. Gausul Alam Mr. Md. Yusuf Ali.

....For the State Mr. Ekramul Bari Sk. Imtiaj Uddin.

....For the School Authority

Pursuant to the direction made by this Court on

May 4, 2023, the respondent no.3 namely, Ajay Kumar

Pal, the present incumbent has appeared before this

Court today.

Mr. Gausul Alam, learned counsel representing the

State respondents including the respondent no.3

submitted that, the necessary affidavit is yet to be

affirmed but is otherwise ready. He prayed for a short

extension for affirmation of this affidavit.

For the ends of justice, such prayer of the learned

State counsel is accepted. The relevant affidavit shall be

affirmed in course of the day and a copy thereof shall be

served upon Mr. Prosenjit Mukherjee, learned counsel for

the petitioner and Mr. Ekramul Bari, learned counsel for

the School Authority.

The personal appearance of the respondent no.3 for

the time being stands dispensed with, until further

direction, if any.

Mr. Bari had raised a legal issue in support of

defence of his client that, in view of a Full Bench

judgment passed by this Hon'ble Court in the matter of :

DISTRICT INSPECTOR OF SCHOOLS (SE), KOLKATA -

VS.- ABHIJIT BAIDYA, reported at 2013 (3) CHN (CAL)

711, the petitioner was to refund the disputed amount

within the specified period of six months as provided in

the said decision, the same not being done by the

petitioner, it was contended by Mr. Bari that, the

petitioner shall not be eligible to receive his pensionary

benefits.

Mr. Prosenjit Mukherjee, learned counsel for the

petitioner disputed the contention of Mr. Bari and

submitted that, the ratio decided in the said judgment

has no application in the facts of this case as diverse

proceedings were pending.

ACO Since this was an important issue raised in the

matter and needs to be considered after hearing the

parties, the writ petition shall appear under the heading

"For Orders" on June 14, 2023.

(Aniruddha Roy, J.)