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Calcutta High Court · body

2011 DIGILAW 715 (CAL)

Abdul Gafur v. STATE OF WEST BENGAL

2011-05-19

BISWANATH SOMADDER

body2011
JUDGMENT 1. AFFIDAVIT of service filed in Court today be kept on record. 2. AFTER considering the submission made by the learned advocate for the petitioner and upon perusing the instant writ petition, it appears that the writ petitioner has obtained his arrear salary on 2nd July, 2010, which, according to the writ petitioner, he was entitled to get as far back as on November 2005. In this context, the learned advocate for the petitioner refers to memos bearing Nos.280 and 289, both dated 29th November, 2005, which were issued by the Sub-Inspector of Schools, Anara Circle, whereby two bills containing the details of the arrear salary due and payable to the writ petitioner were forwarded to the Chairman of the District Primary School Council, Purulia. It is obvious that the writ petitioner is essentially seeking damages against the respondent authorities in the form of interest for wrongful withholding and delaying payment of arrear salary. The issue, as sought to be raised by the writ petitioner in the instant matter, ought not to be decided by the writ Court. The quantification of damages is best left to be decided by a civil Court of competent jurisdiction. 3. IN such circumstances, this writ petition is disposed of with liberty to the writ petitioner to approach a civil Court of competent jurisdiction by filing an appropriate suit seemking such relief. If such suit is instituted by the petitioner in terms of this order within eight weeks from date, the learned civil Court is requested to try and hear out the same as expeditiously as possible, without granting unnecessary adjournments in the matter. 4. URGENT photo-stat certified copy of this order, if applied for, be given to the learned advocates for the parties. Order accordingly.