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Ashoke Kumar Mitra Vs. State of West Bengal and ors.

Ashoke Kumar Mitra vs State of West Bengal and ors.

Type Court Judgment Court Kolkata Decided Mar 13, 2014
~2 min read
https://sooperkanoon.com/case/1133973

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Citation
Court
Kolkata High Court
Judge
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Ashoke Kumar Mitra

Respondent

State of West Bengal and ors.

Excerpt

in the high court at calcutta constitutional writ jurisdiction original side present : the hon’ble justice debasish kar gupta march 13, 2014 wp1194of 2013 ashoke kumar mitra versus state of west bengal & ors.mr.saktipada jana, advocate for the petitioner mr.joytosh majumdar, addl. government pleader with mrs.debjani roy, advocate for the state the court :- this matter was disposed of by an order dated january 16, 2014 with a direction upon the state government to take a decision relating to payment of pension to the teaching staff of da getting secondary school as also the direction upon the respondent no.6 to take necessary steps for releasing the benefits in favour of the petitioner provisionally within the time frame. the attention of this court is drawn towards an error apparent on the face of record. according to mr.joytosh majumdar, learned additional government pleader, high court, calcutta the appropriate authority to release the benefits to the petitioner provisionally is the respondent no.5 viz., the deputy director of school education (ga).west bengal).directorate of school education and not the respondent no.6 viz., the district inspector of schools (se).kolkata. no dispute is raised by the learned advocate appearing on behalf of the petitioner with regard to the above submissions made on behalf of the respondents. in view of the above, the errors apparent on the face of record of the order dated january 16, 2014 are corrected as follows :i) in 7th line of 2nd page of the above order the respondent no.6 is deleted and the respondent no.5 is incorporated therein ; ii) in the last line of firs.paragraph of the 2nd page of the above order the respondent no.6 is deleted and the respondent no.5 is incorporated therein. department is directed to take steps accordingly. let photostat certified copy of the order be given to the parties, if applied for, upon compliance of all formalities. ( debasish kar gupta, j.) anc.

Full Judgment

IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present : The Hon’ble Justice Debasish Kar Gupta March 13, 2014 WP1194of 2013 Ashoke Kumar Mitra versus State of West Bengal & ORS.Mr.Saktipada Jana, Advocate for the petitioner Mr.Joytosh Majumdar, Addl.

Government Pleader with Mrs.Debjani Roy, Advocate for the State The Court :- This matter was disposed of by an order dated January 16, 2014 with a direction upon the State Government to take a decision relating to payment of pension to the teaching staff of DA getting Secondary School as also the direction upon the respondent no.6 to take necessary steps for releasing the benefits in favour of the petitioner provisionally within the time frame.

The attention of this Court is drawn towards an error apparent on the face of record.

According to Mr.Joytosh Majumdar, learned Additional Government Pleader, High Court, Calcutta the appropriate authority to release the benefits to the petitioner provisionally is the respondent no.5 viz., the Deputy Director of School Education (GA).West Bengal).Directorate of School Education and not the respondent no.6 viz., the District Inspector of Schools (SE).Kolkata.

No dispute is raised by the learned Advocate appearing on behalf of the petitioner with regard to the above submissions made on behalf of the respondents.

In view of the above, the errors apparent on the face of record of the order dated January 16, 2014 are corrected as follows :i) In 7th line of 2nd page of the above order the respondent no.6 is deleted and the respondent no.5 is incorporated therein ; ii) In the last line of fiRs.paragraph of the 2nd page of the above order the respondent no.6 is deleted and the respondent no.5 is incorporated therein.

Department is directed to take steps accordingly.

Let photostat certified copy of the order be given to the parties, if applied for, upon compliance of all formalities.

( Debasish Kar Gupta, J.) ANC.

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