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2006 DIGILAW 350 (CAL)

MONGAL CHANDRA DAS v. KOLKATA MUNICIPAL CORPORATION

2006-06-16

JYOTIRMAY BHATTACHARYA

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Jyotirmay Bhattacharya, JJ. ( 1 ) THIS writ petition has been filed challenging, inter alia, the illegal action on the part of the Municipal authority for deducting a sum of Rs. 2. 000/- per month from the salary of the petitioner unauthorisedly. ( 2 ) THE petitioner is an employee of the Kolkata Municipal Corporation. ( 3 ) THE respondent No. 5 submitted a representation before the municipal authority complaining that the petitioner being her husband is not maintaining her and as such, the said respondent prayed for certain monetary relief before the Mayor of the Kolkata Municipal Corporation for her maintenance. ( 4 ) THE petitioner denied any marital relationship with the said respondent. Despite such denial, the Municipal authority deducted some amount from the salary of the petitioner and allegedly paid the same to the said respondent towards her maintenance charges. ( 5 ) BE that as it may, the Municipal authority cannot deduct any amount from the salary of the petitioner for paying the same to the respondent No. 5 who is claiming herself to be the wife of the petitioner unless the Court of competent jurisdiction declares the status of the parties and the relationship between them in an appropriate proceeding. As such, in the absence of determination of the status of the respondent No. 5 and her relationship with the petitioner by a Court of competent jurisdiction, the Municipal authority ought not to have deducted any amount from the salary of the petitioner for paying the same to the respondent No. 5 for her maintenance and that too without any order of attachment of the salary of the petitioner for payment of alimony and/or maintenance charges to the respondent No. 5 from any Court of competent jurisdiction. ( 6 ) UNDER such circumstances, the impugned action on the part of the municipal authority in deducting any amount from the salary of the petitioner and payment of the same to the respondent No. 5 towards her maintenance is unauthorized and illegal and as such, the impugned action of the Municipal authority cannot be sustained in law. The Municipal authority is thus restrained from deducting any amount from the salary of the petitioner for payment of afimony/maintenance charges to the said respondent without any order of the court in this regard. The Municipal authority is thus restrained from deducting any amount from the salary of the petitioner for payment of afimony/maintenance charges to the said respondent without any order of the court in this regard. ( 7 ) THE Municipal authority is, thus, directed to pay the entire amount which has been deducted so long from the salary of the petitioner to the petitioner positively within a period of four weeks from the date of communication of this order. ( 8 ) IT is, however, made clear that this order will not, however, prevent the Municipal authority from realising the money, if any, paid to the respondent no. 5 by the Municipal authority, from the said respondent in accordance with law. The writ application is, thus, disposed of.