AWADH NARAYAN SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject matter of challenge in this writ petition is a memo dated 28th June, 2018 issued by the Commissioner of School Education, West Bengal. Such memo pertains to fixation of DA of Assistant Teachers in DA getting primary schools. The petitioners are such teachers.

(2.) Earlier, the petitioners and others had approached this Court by filing WP 17691(W) of 2016 with certain grievances regarding payment of dearness allowance. It was contended that the petitioners were receiving less on account of dearness allowance than they were entitled to on the basis of the applicable Government Circular. By an order dated 3rd January, 2017 this Court had granted liberty to the petitioners in that case to make a comprehensive representation to the Commissioner of School Education, West Bengal, who was directed to dispose of the same by a reasoned order within a stipulated time period.

(3.) It is submitted that pursuant to such order, the then Commissioner of School Education, one Mr. Avanindra Nath Singh, gave a hearing to the petitioners in that case on 18th April, 2017. However no order was passed by the Commissioner of School Education. From the month of January, 2018 Dr. Soumitra Mohan took charge as Commissioner of School Education. The petitioners say that without holding any hearing the said new Commissioner of School Education issued the impugned memo. The petitioners say that law of the land does not countenance one officer giving the hearing and his successor-in-interest passing the requisite order without giving a fresh hearing. This is contrary to the principles of natural justice, submitted Mr. Saktipada Jana, learned advocate for the petitioners.