LAWS(CAL)-2011-5-3

ABDUL GAFUR Vs. STATE OF WEST BENGAL

Decided On May 19, 2011
ABDUL GAFUR Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Affidavit of service filed in Court today be kept on record.

(2.) After considering the submission made by the learned advocate for the petitioner and upon perusing the instant writ petition, it appears that the writ petitioner has obtained his arrear salary on 2nd July, 2010, which, according to the writ petitioner, he was en-titled to get as far back as on November 2005. In this context, the learned advocate for the petitioner refers to memos bearing Nos. 280 and 289, both dated 29th November, 2005, which were issued by the Sub-Inspector of Schools, Anara Circle, whereby two bills containing the details of the arrear salary due and payable to the writ petitioner were for-warded to the Chairman of the District Pri-mary School Council, Purulia.

(3.) It is obvious that the writ petitioner is essentially seeking damages against the re-spondent authorities in the form of interest for wrongful withholding and delaying pay-ment of arrear salary. The issue, as sought to be raised by the writ petitioner in the instant matter, ought not to be decided by the writ Court. The quantification of damages is best left to be decided by a civil Court of compe-tent jurisdiction.