ML-661 14.07.2026 Court No.24 pg. IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 31 of 2022 Pradip Basu -versus The State of West Bengal & Ors. Mr. Washef Ali Mondal … For the Petitioner Mr. Falguni Bandyopadhyay Ms. Riya Ballav … For the State 1. Supplementary affidavit filed on behalf of the petitioner is taken on record. 2. The petitioner is serving as a Clerk in an aided educational institution. He was placed under suspension in July, 2016. A proposal for initiating disciplinary proceeding was forwarded to the West Bengal Board of Secondary Education. By an order dated 20th December, 2016, the Board directed the petitioner to be reinstated immediately and the period of suspension be treated as period ‘spent on duty’. 3. Grievance of the petitioner is that despite the order of reinstatement, he was paid his arrear salary for the months of August, 2016 to January, 2017 in the year 2021. He has retired from service on 31st January, 2017. The petitioner prays interest on account of delayed payment of his arrear salary. 2 4. Series of representations from the petitioner is pending consideration since 2020 before the District Inspector of Schools (Secondary Education), Dakshin Dinajpur. 5. As it appears that the representation of the petitioner is pending consideration before the District Inspector of Schools (Secondary Education), Dakshin Dinajpur for a considerable period of time, accordingly, no useful purpose will be served by keeping the writ petition pending. 6. The instant writ petition stands disposed of by directing the respondent no.4, being the District Inspector of Schools (Secondary Education), Dakshin Dinajpur, to consider the petitioner’s prayer for grant of interest on account of delayed payment of his arrear salary in accordance with law, at the earliest, but positively within a period of eight weeks from the date of communication of this order. 7. The aforesaid respondent shall keep in mind that the petitioner was no way responsible for the delay in releasing payment in his favour. Once the order of suspension stood revoked and direction was passed by the Board for treating the period of suspension as period ‘spent on duty’, the authority ought to have disbursed the salary of the petitioner without any delay. The authority has delayed in releasing payment to the petitioner for a considerable period. 3 8. The interest amount that is found due and payable to the petitioner shall be disbursed in his favour without any further delay. 9. Learned advocate for the petitioner is directed to forward a copy of the subject representation along with all supporting documents in support of his claim to the aforesaid respondent at the time of communicating the order of the Court. 10. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court. 11. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)