Sudipta Banerjee & Ors vs State Of West Bengal
2024 Latest Caselaw 2059 Cal/2

Calcutta High Court

Sudipta Banerjee & Ors vs State Of West Bengal on 11 June, 2024

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OD 1
                          WPO/448/2014
                 IN THE HIGH COURT AT CALCUTTA
                CONSTITUTIONAL WRIT JURISDICTION
                          ORIGINAL SIDE


                      SUDIPTA BANERJEE & ORS.
                                VS
                       STATE OF WEST BENGAL


  BEFORE:
  The Hon'ble JUSTICE RAI CHATTOPADHYAY
  Date: 11th June, 2024.


                                                               Appearance:
                                               Mr. Shaunak Ghosh, Adv.
                                                 Mr. Rajib Mullick, Adv.
                                               Ms. Shreyashi Maity, Adv.
                                                    . . .for the petitioner.


       The Court: The writ petitioners are the retired teachers of a DA

receiving school, who have filed the present case, to seek implementation

of the Government Notification dated May 29, 2002, so far as their scale

of pension are concerned.

       Mr. Shaunak Ghosh is appearing for the writ petitioners. Very

fairly he has submitted that though the said Notification dated May 29,

2002, has been challenged earlier before this Court, the vires of the same

has been upheld by the Hon'ble Coordinate Bench in WPO 2068 of 2002.

He has further indicated that the Hon'ble Division Bench, in an appeal

against the said judgment, has dismissed the appeal for default due to
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absence of the appellant before the Court. The order is dated January

20, 2023.

      Mr. Shaunak Ghosh has also taken this Court to the Notification

under challenge to submit that according to the same and for the sake of

parity, the present petitioners are entitled to get the same scale of pay at

par with the teaching and non-teaching employees of the Government

aided schools. He says that the school authorities/respondent nos.7 to

12 has not at all been interested to implement the said notification in the

case of the present writ petitioners. Thus, he seeks appropriate relief for

the writ petitioners.

No one is appearing for the respondent-State and the School

Authorities.

On perusal of the record, it appears that the present writ petition

is pertaining to the year of 2014 and is fairly an old one. Therefore,

without any sufficient and justified cause, the same cannot be left

pending any further. Under such circumstances, this Court finds it

proper to request Mr. Shaunak Ghosh to issue a notice regarding

pendency of this case to the respondent authorities before the next date

of hearing.

In absence of the respondent authorities, this matter is being

adjourned today and shall be taken up on 13 th June, 2024. Since it is

fairly an old writ petition still pending, the next date may be the date of

final adjudication of the same irrespective of presence or not of the

respondent authorities.

(RAI CHATTOPADHYAY, J.)

sp/