Samapti Chatterjee, J. - (1.) Petitioner has filed the present writ petition assailing the order dated 25th July, 2017 passed by the District Inspector of Schools (P.E) Nadia thereby rejecting the petitioner's claim for interest on delayed payment of salary on the ground that the District Inspector of School (P.E) is not the appropriate authority for pay related issues and therefore no relief can be granted as prayed by the petitioner.
(2.) The case of the petitioner in a nutshell is as follows :- The petitioner joined as Group-D staff in Kalyani University Experimental School Government Sponsored (Primary) in the year 1994. The said school was taken over by the State Government with effect from 1st January, 1987after bifurcation of the same into two separate units as primary section and secondary section. Though the petitioner was working continuously as Group-D staff in the said Kalyani University Experimental School since 1st June, 1994 but the petitioner was not given approval by the authority. Therefore, the petitioner along with other nine teachers approached before this Hon'ble Court thereby filing a writ petition being W.P No.19939 (W) of 1998for a direction upon the authorities, Education Department (Primary) for their approval in the said section in their respective posts. That writ petition was disposed of on 22nd May, 2001 thereby directing the Director of School Education (Primary) to recognise the service of the petitioner along with other teaching and non-teaching staffs respectively of the Kalyani University Experimental Government Sponsored (Primary ) School. That order was assailed by the State Government by preferring an appeal being M.A.T. No.2966 of 2002. That appeal was dismissed by the Hon'ble Division Bench on 16th June, 2005. Thereafter the State preferred a special leave petition before the Hon'ble Apex Court. That special leave petition was also dismissed by the Hon'ble Apex Court on 8th May, 2013. Accordingly, the Chairman Nadia District Primary School Council issued appointment letter in favour of the petitioner on 3rd January, 2014 for the post of Group-D of Kalayani University Experimental School (Primary) section. The petitioner duly joined on 17th January, 2014. The petitioner is still performing her duties as a Group-D staff. Since the pay scale of the petitioner was not fixed by the authority therefore the petitioner made repeated representation before the commissioner of school education for fixing of scale of pay and also for disbursement of arrear salaries. Unfortunately the respondent authority did not pay any heed to those representations. Accordingly, the petitioner without finding any alternative was compelled to file a writ petition being W.P No.8323 (W) of 2015 before this Hon'ble Court for direction upon the Inspector of School (Primary) as well as the Commissioner of School Education to grant the pay fixing of the petitioner from the initial date of joining i.e. with effect from 1st June 1994 till date. That writ petition was disposed of by this Hon'ble High Court thereby directing the authorities to fix the petitioner's pay scale with effect from 1st June 1994 till date and this Court also directed the respondent authorities for disbursement of payment. Since the respondent authorities failed to comply with the Hon'ble Court's order accordingly the petitioner filed a contempt application in the contempt proceedings the respondent authorities disbursed the arrear salaries of the petitioner with effect from 1st June, 1994 on 6th April, 2016. Thereafter, petitioner filed another writ petition for payment of interest of delayed payment of arrear salary from 1st June, 1994 till April, 2016. That writ petition being W.P. No.20791 (W) 2016 was disposed of on 21st September, 2016 thereby directing the District Inspector of School (P.E) Nadia to dispose of the petitioner's representation dated 29th August, 2016 on merit by passing a reasoned order within four (4) weeks from the date of communication of this order. Ultimately by the impugned order dated 25th January, 2017 the petitioner's prayer was rejected by the District Inspector of School (P.E) Nadia on the ground that the District Inspector of School Nadia is not the appropriate authority for pay related issued. Therefore, the petitioner's representation was turned down. Thereafter, petitioner filed a writ petition before this Hon'ble Court being W.P No.5245 (W) of 2017 challenging the impugned order passed by District Inspector of School and that writ petition was disposed of on 22.03.2017. After setting aside the impugned order this Court directed the District Inspector of School to consider the case of the petitioner afresh and to pass a reasoned order in accordance with law. On the basis of said Hon'ble Court's direction a hearing was held on 18.07.2017 and the District Inspector of School (P.E) by his Memo No.760/2(2) (P.E.) dated 25.07.2017 rejected the prayer of the petitioner on the ground that the District Inspector of School (P.E) Nadia is not the appropriate authority regarding pay related issue. Hence the present writ petition.
(3.) Ms. Sanghamitra Nandy, learned advocate appearing for the petitioner submitted that the petitioner is entitled to enjoy interest for delayed payment of arrear salaries. Unfortunately petitioner's representation has been turned down by the District Inspector of School (P.E) Nadia on the ground that he is not the appropriate authority without referring the same before the appropriate authority. Therefore, Ms Nandy vehemently argued that without expressing his regrets to entertain the petitioner's representation the District Inspector of School (P.E) Nadia should have referred the matter before the appropriate authority.;