STATE OF WEST BENGAL Vs. PRADIP KUMAR DAS

JUDGEMENT

(1.) This suo motu proceeding was initiated when the attention of the Court was invited to the fact that the writ petitioner in W.P. No.761 (W) of 2005 respondent in MAT. No. 3126 of 2005 had made specific allegations in Paragraph-20 of the writ application filed in December, 2004 that after joining Collins Institute on 14th January, 2004 he had been working for 11 months without salary though, in fact, writ petitioner left service of Collins Institute in May 4, 2004 and, thereafter, got appointment in another school being Sridharnagar Sailendra Vidyapith, P.S. Patharpratima,Dist. South 24-Parganas on 12th May, 2004 and since then had been working there.

(2.) In the affidavit dated 11th January, 2010 respondent Pradip Kumar Das aged 42 years residing at Village Gangapur, P.S. Patharpratima,Dist. 24-Parganas (South) has stated that he had deliberately not made any false statement and has tendered his unqualified apology in the event it transpires that any wrong statement was made by him, that he had no intention whatsoever to prejudice or interfere with the due course of judicial proceeding or to obstruct the administration of justice. It is stated that his only intention in filing the writ petition was to receive the salary for the period for which he had worked in the Collins INstitute prior to his joining the present school but due to miscommunication and the consequent mistake, the statement in question was typed out in Paragraph-20 of the petition because the writ petitioner Pradip Kumar Das along with 3 other teaching staff members of Collins INstitute had jointly engaged the same learned Advocate to file the writ petitions so that they could get the remuneration against services rendered in the above school. It was because the writ petitioner is staying in the remote village called Patharpratima that on his behalf his other colleagues who have worked in the Collins institute continued to take the papers to the lawyer and though the writ petitioner had instructed his colleagues to inform the learned lawyer, identical writ petitions can be drafted for all four persons.

(3.) The applications for leave to appeal and appeal being M.A.T. No. 1371 of 2004 to 1374 of 2004 F.M.A. No. 1914 to 1917 of 2004) filed by the Teacher in-Charge and other two teachers of the Collins Institute against identical order dated 24th December, 2003 were dismissed by the Division Bench on merit on the same day i.e. 3rd September, 2004 and the appeals were directed to be stuck off from the file.