KAMAL KUMAR BHAUMIK Vs. THE STATE OF WEST BENGAL AND ORS.
LAWS(CAL)-2018-10-98
HIGH COURT OF CALCUTTA
Decided on October 09,2018

Kamal Kumar Bhaumik Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

ARINDAM MUKHERJEE, J. - (1.) The petitioner has filed the two writ petitions, being W.P 5643 (W) of 2015 and W.P. 10591 (W) of 2003 respectively.
(2.) The prayers in the first writ petition, i.e. W.P. 10591 (W) of 2003 are as follows:- "A. i) A writ of or in the nature of Mandamus commanding the respondents and/or their subordinates or agents particularly the District Inspector of Schools (S.E.) Purba Midnapore being the respondent no. 3 to grant the salary of the petitioner and to release his salary month by month including the arrear of monthly salary without any further delay and also to act in accordance with law; ii) A writ of or in the nature of Mandamus commanding the respondents and each of them to refrain from taking any step or steps on the basis of the letter bearing Memo No. 77-S/1(2) dated 15.1.2002 and the letter being Memo No. 717 (S) dated 18.6.2003 as contained in annexure "P (7) and P (20)" herein; iii) A writ of or in the nature of Mandamus commanding the respondents and each of them to revoke and/or cancel the impugned letter bearing Memo No. 77-S/1(2) dated 15.1.2002 and the letter bearing Memo No. 717 (S) dated 18.6.2003 and the letter bearing Memo No. Dip-151/2003 dated 27.5.2003 as contained in annexure "P (7) and P (20) and P (18) herein; iv) A writ of or in the nature of Mandamus directing the Respondents particularly the Controller of Examinations, University of Calcutta to grant the mark sheets of Part-II B. Sc. Examination in Chemistry Honours held in 1972 on the basis of review result obtained from the College Authority is valid; v) A writ of or in the nature of Mandamus directing the respondents and each of them to interfere the service of the petitioner who has been acting as a Teacher-in-Charge of the said school; B) A writ of or in the nature of certiorari commanding the respondents and each of them to certify and transmit the entire original records including college records before this Hon'ble Court so that conscionable justice may be done between the parties by passing necessary order; C) Rule NISI in terms of prayers (A) and (B) as above; D) An order of injunction restraining the respondents and each of them or their subordinates and agents from interfering and/or disturbing the service of the petitioner who has been acting as a Teacher-in-Charge of the said school till disposal of the application; E) An order of injunction restraining the respondents and each of them from withholding the salary of the petitioner on the basis of the impugned letters dated 15.1.2002 and the impugned letter dated 18.6.2003 as contained in annexure "P(7) and P(20)" herein; F) An order of injunction restraining the Respondents and each of them particularly the District Inspector of Schools (S.E.) from withdrawing the appointment of the petitioner; G) Ad-interim order in terms of prayer (D), (E) and (F) as above; H) Any such order or orders, further order, direction or directions as to your Lordships may deem fit and proper."
(3.) The prayers of the second writ petition, i.e. W.P 5643 (W) of 2015 are as follows:- " a) A writ of or in the nature of Mandamus be issued commanding the respondents, their men, agents and associated forthwith to pay to the petitioner the arrear claims as has been sanctioned being annexure P - 5 and P- 6 to this writ petition along with interest as admissible from the date of his retirement from service; b) A writ of or in the nature of Mandamus directing to respondents and each of them to act strictly in accordance with law; c) A writ of or in the nature of certiorari be issued directing the respondents and each of them forthwith to certify and transmit all the records pertaining to this case before this Hon'ble Court so that conscionable justice may be administered; d) A Rule in terms of prayer (a), (b) and (c) above; e) An interim order be issued directing the respondents, their men, agents and associates to forthwith ensure payment of the arrear claims of the petitioner as per annexure P-5 and P- 6 to this writ petition together with interest as admissible since the date of retirement; f) Costs if any thereto; g) To pass such other or further order or orders, direction or directions as Your Lordships may deem fit and proper.";


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