24.03.2025 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION Court No.23 DL-1 APPELLATE SIDE (pp)

CAN 1 of 2025 in WPA 1134 of 2024 Swagata Naskar nee Paul Vs.

State of West Bengal & Ors.

Mr. Bikram Banerjee, Ms. Debapriya Mitra, Ms. Sagarika Goswami … for the applicant/petitioner.

Mr. Sujit Sankar Koley ….for WBSEDCL.

Mr. Sayak Chakraborty, Mr. Wrickbrata Roy ….for the respondent no.5.

In re: CAN 1 of 2025 This is an application made by the petitioner for withdrawal of a sum of Rs.90,000/- from the cost of Rs.10,00,000/- which was directed to be paid by the private respondent while his appeal was dismissed by an order of the Appellate Court dated 5^th September, 2024 and is presently lying deposited with the bank as fixed deposit.

In the writ petition, the petitioner is the wife while the respondent no.5 (private respondent) is the husband. There has been a matrimonial discord between the petitioner and the respondent no.5. The petitioner and the respondent no.5 have a minor daughter, who has been presently promoted to Class-V. The issue of the educational expenses of the minor daughter fell for consideration in the writ petition at interim stage on

20^th June, 2024. The following order was passed:-

“In the aforesaid facts and circumstances, I direct WBSEDCL, the employer of the respondent no.5 to deduct a sum of Rs.17,000/- till the order dated 3^rd January, 2024 remains in subsistence from the salary of the respondent no.5 from the month of August, 2024 and pay the same to the petitioner in her Bank account the details whereof shall be provided by the petitioner to WBSEDCL by 31^st July, 2024.

The matter requires further scrutiny which can only be made inviting affidavits. Affidavit-in-opposition be filed by 12^th July, 2024; reply thereto, if any, be filed by 31^st July, 2024.

Parties will be at liberty to mention.”

The private respondent challenged this order by filing an appeal, being MAT 1651 of 2024 with an application for stay, being CAN 1 of 2024. The said appeal and the application for stay were dismissed with costs assessed at Rs.10,00,000/- by an order dated 5^th September, 2024. Against the order of the Division Bench, the private respondent filed a Special Leave Petition (Civil) Diary No.45498 of 2024. The said Special Leave Petition was dismissed by an order dated 2^nd December, 2024.

Subsequently, West Bengal State Electricity Distribution Company Limited (in short, WBSEDCL) the employer of the private respondent filed an application before the Division Bench for recovery of the cost from the provident fund account of the private respondent. This application was allowed by an order dated 10^th December, 2024. This order was also challenged by the private respondent by filing Special Leave to Appeal (C) No.2673 of 2025. This Special Leave Petition was also dismissed by an order dated 7^th February, 2025. The said sum of Rs.10,00,00/- is presently lying in a fixed deposit in the name of the minor with the petitioner as the guardian in Indian Bank.

The writ petition is pending and as per the directions given by the Division Bench, all subsequent directions are to be passed by the writ Court.

In the aforesaid facts and circumstances, after considering the submissions made by the parties and the materials on record, I find that the money sought to be withdrawn is in the interest of the minor child which was considered to be the paramount interest while passing the interim order dated 20^th June, 2024 in this writ petition.

The petitioner has given a breakup of the fees of St. Thomas’ Church School, Chinsurah where the petitioner intends to admit the minor daughter in Class-V by transferring her from the school where she presently studies as the present school is only up to Class-VIII. The private respondent has no objection in the minor child being admitted to St.

Thomas’ Church School, Chinsurah.

On a perusal of the fees from April, 2025 to March, 2026 in case of Class-V in the said St. Thomas’ Church School, it appears that a