Rekha Bhakat vs State Of West Bengal & Ors

We have heard Mr. S.S. Arefin, learned Advocate, representing the appellant and Ms. Chama Mukherjee duly assisted by Ms. Subhra Nag, learned

Advocates, representing the State of West Bengal. The matter relates to non-payment of subsistence allowance to the appellant/writ petitioner due to

the order of suspension issued by Andal Girls High School (H.S.), Andal, District - Paschim Burdwan, vide letter dated 22nd February, 2011. It is the

contention on behalf of the appellant that subsequent to the issuance of the order of suspension, subsistence allowance was not paid to her.

Upon being questioned with regard to non-payment of subsistence allowance it has been submitted by the learned Advocate representing the State

that due to failure on the part of the appellant to submit non- employment certificate in due time, the payment could not be made. In addition thereto, it

has been submitted by Ms. Mukherjee representing the State respondents that there was an order passed by the learned Single Judge on 11th

September, 2018 in a connected application in the present writ petition wherein the learned Single Judge directed the appellant to submit the non-

employment certificate within 21st September, 2018, but the said direction was not complied with.

Since these facts relating to the order being passed by the learned Single Judge in the year 2018 with regard to the submission of non- employment

certificate from the end of the appellant, are not disclosed in the present appeal, we grant liberty to the appellant to file a supplementary affidavit

within a period of one week from this date enclosing the necessary order and documents with regard to compliance of the condition for payment of

subsistence allowance with an advance copy to the learned Advocate representing the State respondents. The appellant will also explain delay in

submitting non-employment certificate before the concerned respondent authority, if occurred, in the supplementary affidavit. The respondents may

file a comprehensive affidavit, dealing with the case made out in the stay application and the supplementary affidavit, to be filed in terms of the above

direction by the appellant within three weeks from the date of receipt of the copy of the supplementary affidavit.

The matter stands adjourned for four weeks with liberty to mention strictly upon notice to the other side.

Learned Advocate representing the appellant is also directed to serve copy of the supplementary affidavit upon the school authority of Andal Girls

High School (H.S.), Andal, District - Paschim Burdwan and also upon the West Bengal Board of Secondary Education and file an affidavit of service

on the next date.

The concerned school authority as well as West Bengal Board of Secondary Education shall also have the liberty to use comprehensive affidavit

dealing with the case made out in the stay application as well as in the said supplementary affidavit within the time stipulated above.

All parties are to act on a server copy of this order.