JUDGEMENT
Jyotirmay Bhattacharya, J. -
(1.) IN spite of service, none appears on behalf of the school authorities at the time when this application is taken up for hearing to controvert the allegations of the petitioner who held the school authorities responsible for non -submission of the petitioner's pension payment order to the concerned District Inspector of Schools resulting delay in settlement of his retiral dues. Since such allegations are not controverted by the school authorities, this Court can proceed on the basis of the presumption that the allegations of the petitioner against the school authorities are correct and proved.
(2.) HOWEVER , before doing so, this Court feels that another opportunity should be given to the school authorities, so that they can be represented before this Court on the next date of hearing. It is, thus, made clear that in the event the school authorities do not appear on the next date of hearing, this Court will proceed on the basis that the allegations against the school authorities made by the petitioner are proved and the school authorities are not appearing before the Court as they don't have any defence to defend this writ petition.
(3.) UNDER such circumstances, this Court will have no other alternative but to pass necessary direction upon the school authorities for submission of the petitioner's pension payment order within a time bound period and the payment of salary of the Head of the Institution, the respondent no.7 herein will remain withheld until payment of retiral dues of the petitioner.;
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