Research › Search › Judgment

Calcutta High Court · body

2020 DIGILAW 569 (CAL)

Bikram Panda v. State of West Bengal

2020-07-21

SABYASACHI BHATTACHARYYA

body2020
JUDGMENT : 1. The petitioner is a Medical Practitioner who was working in the rank of BMOH at Nandigram and was subsequently transferred to the same rank at Alipurduar in the year 2019 and joined such office on July 1, 2019. 2. The aforesaid facts appear to be corroborated by the Annexures to the present writ petition. Such joining was also acknowledged by the appointing authorities in their correspondence. 3. On July 22, 2019, the petitioner was promoted to the rank of ACMOH in Alipurduar itself. However, despite such promotion, the petitioner was prevented from acting in office at Alipurduar, allegedly due to the refusal of the previous ACMOH to hand over charge to the petitioner. 4. Subsequently, despite the petitioner having applied repeatedly for leave due to medical reasons, it is alleged that such applications were not even considered by the authorities at any point of time. 5. There being medical urgency, the petitioner had to rush to his native place and remain there for certain days and subsequently returned to Alipurduar. 6. However, as per the Annexure at page-48 of the writ petition, apparently, the petitioner was finally released from his post at Nandigram by a communication dated August 6, 2019. As such, the petitioner was compelled to submit a fresh joining letter. 7. However, the petitioner alleges that, due to no fault of the petitioners, he was not paid the salary, as ACMOH after his promotion since July 22, 2019. 8. Such payment was withheld totally since the month of October, 2019 and has not been paid to the petitioner till date. Even prior to such salary being stopped in October, 2019, since the month of August, 2019, the petitioner was under-paid, commensurate with the rank of BMOH, despite his promotion, in the meantime, to the rank of ACMOH. 9. It is further argued by learned counsel for the petitioner, that the petitioner was charged with absenteeism despite the authorities having not considered the leave applications filed by the petitioner well in advance. Secondly, the allegation of insubordination has been levelled against the petitioner, without assigning any concrete reason for coming to such conclusion. 10. That apart, the petitioner's House Rent Allowance (HRA) was also alleged to have been illegally withdrawn, since during the period when the petitioner was not granted any authorised leave by the concerned authority. 11. Despite service, none appears for the respondents. 12. 10. That apart, the petitioner's House Rent Allowance (HRA) was also alleged to have been illegally withdrawn, since during the period when the petitioner was not granted any authorised leave by the concerned authority. 11. Despite service, none appears for the respondents. 12. Accordingly, the respondents are directed to file their affidavits-in-opposition, if any, within three weeks from date. Reply, if any, to be filed by the petitioner within a fortnight thereafter. 13. The petitioner has made out a strong prima facie case as to the discrimination against the petitioner as compared to the erstwhile bearer of his office, namely Dr. Rahul Sarkar. 14. Moreover, despite the petitioner having been promoted in the meantime to the post of ACMOH and having joined as long back as on July 1st, 2019 (initially as BMOH till his promotion), he was not paid salary since August, 2019 till September, 2019 at par with the ACMOH's entitlement, but received emoluments commensurate with the post of BMOH, despite his promotion in the meantime. 15. Since October 2019, the petitioner's total salary has been stopped. Hence, keeping in view the present pandemic situation and the consequent crisis, the petitioner ought not to be restrained from practicing his calling as a medical practitioner without any plausible reason and be deprived from his salary for his tenure at Alipurduar. Thus, as an interim measure, the respondents are directed to release the petitioner's entire arrear salary and ancillary benefits for the period between October, 2019 till date, as also the balance arrears of salary, being the difference between that of the ACMOH and BMOH, for the months of August and September 2019, subject to the result of the present writ petition. 16. It is made clear that such arrears shall be paid to the petitioner within a fortnight from the date of communication of this order to the respondents and/or their representatives. 17. It may also be noted that, in the meantime, the petitioner was again transferred to the rank of ACMOH at Tufangunj, where he has not been able to join service due to no release letter having been given by the Alipurduar authorities. 18. 17. It may also be noted that, in the meantime, the petitioner was again transferred to the rank of ACMOH at Tufangunj, where he has not been able to join service due to no release letter having been given by the Alipurduar authorities. 18. In such view of the matter, the respondents are further directed to permit the petitioner to join immediately in his service as ACMOH at Tufangunj in consonance with his latest transfer and, upon so joining, to go on paying the current salary of the petitioner at the rate commensurate with the rank of ACMOH until further order. 19. The directions passed herein are without prejudice to the rights and contentions of the parties in the writ petition and all questions shall be kept open, to be urged at the time of final hearing of the writ petition. 20. Let the matter enlisted for hearing before the next available co-ordinate Bench after six weeks from date. 21. Urgent website copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.