Disposed

Rabindra Kumar Jha v. State of West Bengal & Ors.

Calcutta HC12 Aug 2024WPA/12460/2015

Case brief

AI extract

What is this about?

The High Court dismissed the writ petition but directed the Registrar General to release the petitioner's withheld salary of three months upon production of identity proof. The court also directed the school authorities to regularize the petitioner's service.

What did the court decide?

Directs Registrar General to release petitioner's withheld salary upon production of identity proof. Directs school authorities to regularize petitioner's service and grant intermittent benefits.

Rabindra Kumar Jha Vs State of West Bengal… — Pension and Retirement Benefits | Calcutta HC (2024)

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12.08.2024 Sn/sl.88 Ct. no.25

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IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ( APPELLATE SIDE)

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,, WPA 12460 of 2015

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Rabindra Kumar Jha Vs.

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The State of West Bengal & Ors.

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Mr. Arabinda Chatterjee

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Ms. Kakali Dutta

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..for the petitioner

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Mr. Ekramul Bari Sk. Imtiaj Uddin ..for the school authority

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The petitioner has filed the present writ petition to seek directions upon the respondent-school authorities to release his salary for the months of December, 2014, April, 2015 and May, 2015. He has also prayed for necessary directions upon the respondent-school authorities for regularisation of his service record/attendance register.

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It is learnt that the salary of the writ petitioner for the said three months, as stated above, has been deposited with the learned Registrar General of this Court pursuant to the earlier order of this Court. It is also learnt that the writ petitioner has been allowed to join in the school and at present he is discharging his duties and being paid salary.

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The records reveal that the school authority took steps against the writ petitioner on the allegation of

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unauthorised absence. His salary was curtailed. The writ petitioner’s prayer for regularization of salary was not considered by the school authorities. Hence, the present writ petition was filed.

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Mr. Arabinda Chatterjee being assisted by Ms. Kakali Dutta, learned advocates are appearing for the writ petitioner, whereas, Mr. Ekramul Bari, learned advocate is representing the respondent-school authorities.

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Mr. Bari, learned advocate for the respondentschool authorities informs that the petitioner since has been working in the school. In such view of the facts, he seeks that necessary order may be passed in this writ petition.

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Considering the submissions as above, the present writ petition is disposed by requesting the learned Registrar General of this Court to release the petitioner’s three months salary as above, earlier submitted in her office by dint of Court’s order, upon production of identity proof by the writ petitioner.

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The other points involved in the present writ petition do not require any further adjudication.

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The learned Registrar General of this Court is requested further to act in terms of this order positively within a period of four weeks from the date of communication of the same.

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The school authorities shall act in accordance with law in regularizing the service of the writ petitioner by

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granting benefits, if any, allowable to him in the intermittent period.

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Hence, the writ petition being WPA 12460 of 2015 is disposed of.

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Urgent photostat copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

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(Rai Chattopadhyay, J.)

Rabindra Kumar Jha v. State of West Bengal & Ors.

Case brief

What is this about?

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Rabindra Kumar Jha v. State of West Bengal & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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