Calcutta High Court
Smt. Sarmistha Set vs The State Of West Bengal And Ors on 17 April, 2025
Author: Aniruddha Roy
Bench: Aniruddha Roy
ORDER OD - 5
WPO/1477/2023
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
ORIGINAL SIDE
SMT. SARMISTHA SET
VERSUS
THE STATE OF WEST BENGAL AND ORS.
BEFORE:
THE HON'BLE JUSTICE ANIRUDDHA ROY
Date : 17th April, 2025.
APPEARANCE:
Mr. Jahar Lal Roy, Adv.
Mr. Saptarshi Kr. Kundu, Adv.
...for the Petitioner
Mr. Gourav Das, Adv.
Mr. Nilay Baran Mandal, Adv.
...for State/Respondent
The Court:- This is an assigned writ petition.
Mr. Jahar Lal Roy, learned Advocate with Mr. Saptarshi Kumar
Kundu, learned Advocate appears for the petitioner. Mr. Gourav Das,
learned State Counsel appears for respondent Nos. 1, 2 and 3 with Mr.
Nilay Baran Mandal, learned counsel.
None appears for the respondent school authority.
Learned counsel appearing for the parties, in their usual fairness,
submit that Mr. Shaktipada Jana, learned counsel is appearing in the
matter representing the school authority and on previous occasions he
was all along present.
2
Drawing attention to the order of the Hon’ble Supreme Court dated
January 2, 2013, Annexure -P2 at page 25 to the writ petition, learned
counsel for the petitioner submits that the claim of the petitioner has duly
been upheld before the Hon’ble Supreme Court and direction was made
for making payment by the school authority.
Learned counsel then draws attention of this Court to a Terms of
Settlement, Annexure-P1 at page 20 to the writ petition and submits that
under the said Terms of Settlement the petitioner has received a part
payment lastly on May 5, 2015 as would be evident from the
representation dated February 14, 2019 at page 23 to the writ petition.
The petitioner claims the balance amount payable to him being
Rs.42,044/-. He submits that the entire payment ought to have been
made by June 30, 2016 as would appear from the said Terms of
Settlement.
In view of the above, since the school authority is not represented
today, the petitioner shall serve a copy of this order upon Mr. Shaktipada
Jana, learned Advocate appearing for the school authority who shall take
instructions and apprise this Court on the next date.
The writ petition shall appear under the heading “Court Application”
on May 6,2025.
(ANIRUDDHA ROY, J.)
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