Jenifar Khan vs State Of West Bengal & Ors.

This writ application has been filed challenging the inaction on the part of the Madrasah authorities in releasing the admissible salaries and allowances for the period from January 24, 2014 to June 30, 2014.

It is submitted on behalf of the petitioner that the Director of Madrasah Education, West Bengal, by an order dated October 6, 2015 had passed the aforementioned directions, directing the Administrator, Gumgarh High Madrasah(H.S.) to pay the admissible dues and allowance to the petitioner.

Inspite of several representations, the said amount has not yet been paid to the petitioner. Hence, this writ application was filed.

Learned Advocate for the State respondents submits that they are bound by the order of the Director of Madrasah Education, West Bengal.

Learned Advocate for the school authority also submits that they are going to comply with the order of the Director of Madrasah Education, West Bengal, but some time be given to them. It is also submitted on behalf of the school authorities that it is the District Inspector of Schools concerned, who supplies the fund for payment of salaries and other allowances to the teacher.

It is seen that none of the respondents seems to be aggrieved by the order of the Director of Madrasah Education, West Bengal, dated October 6, 2015. No one has challenged the said order before any Court of law.

Under such circumstances, that order has reached its finality. The respondents shall make ensure that the order dated October 6, 2015 of the Director of Madrasah Education, West Bengal, is complied with. The Madrasah authorities to pay such admissible salaries and allowances to the petitioner for the period from January 24, 2014 to June 30, 2014 within a period of three months from the date of communication of this order.

The learned Advocate for the Madrasah submits that the State respondents should be directed to reimburse the amount. This is an internal arrangement between the Madrasah and the concerned respondents, this Court does not need to get into such a dispute. The Madrasah authorities are always free to approach the respondents for such reimbursement.

With the above observations, this writ application stands disposed of.

There will be, however, no order as to costs.

Urgent photostat certified copy of this order be given to the parties on priority basis, if the same is applied for.