CALCUTTA HIGH COURT
ASHOK KUMAR GHARA AND ORS. – Appellant
Versus
STATE OF WEST BENGAL AND ORS. – Respondent
WPA 18525 / 2023
27th Jan., 2026 In the High Court at Calcutta Item no.M/L 705 Court No. 18 Constitutional Writ Jurisdiction Pradip, A.R.(Ct.)
Appellate Side Case No. WPA 18525 of 2023 In the matter of :
Ashok Kumar Ghara & Ors.
…. Petitioners VS.
The State of West Bengal & Ors.
….Respondents For the Petitioners:
Ms. Sabita Khutia (Bhunya)
Mr. Krishna Pada Santra ….Advocates For the State:
Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee ….Advocates
1. The petitioners claim interest on account of delayed payment of their dues.
2. Learned advocate for the petitioners refers to the order dated 4th January, 2012 passed in WP 7569 (W) of 2011 in the matter of Ashok Kumar Ghara Vs. State of West Bengal & Ors. wherein the Court directed the respondents to clear the arrear pay and allowances of the petitioners within four weeks from the date of communication of the order.
3. The Court further directed that in the event the payment is not made to the petitioners within the stipulated time period, the State respondents will be liable to pay interest at the rate of ten percent per annum from the date since when such payment became due and payable to the petitioners up to the date of actual payment.
4. Learned advocate for the petitioners submits that the payment was not made within the time limit as specified by the Hon’ble Court.
5. Prayer has been made for grant of interest in terms of the Court’s order.
6. From the report filed by the District Inspector of Schools, Secondary Education Paschim Medinipur dated 12th March, 2024 it appears that the order passed by the Court on 4th January, 2012 was communicated to the District Inspector of Schools by the learned advocate for the petitioners on 28th May, 2012.
7. The said authority requested the school to submit the bills of the petitioners. On 30th May, 2012, the Deputy Director of School Education (GA) allotted the required fund for disbursal. The said fund was sub allotted to the Additional District Inspector of Schools, Secondary Education, Kharagpur Sub-Division for payment.
8. The school authority drew the arrear claim of bill only on 31st December, 2012 and the Additional District Inspector of Schools checked and verified the bills submitted by the school authority and released the amount by cheque dated 4th March, 2013.
9. According to the District Inspector of Schools, the delay occurred on account of late submission of claim by the school.
10. The petitioners, claiming interest, filed the instant writ petition on
1st August, 2023. It appears that the petitioners themselves delayed in approaching the Court for more than ten years claiming interest.
11. There is hardly any explanation averred in the writ petition for approaching the Court after such a long period of time.
12. In such facts and circumstances, the Court in not inclined to pass any order for grant of interest on account of delayed payment of the dues.
13. No relief can be granted to the petitioners in the instant writ petition, the writ petition fails and is hereby dismissed.
14. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(Amrita Sinha, J.)
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