DISTRICT INSPECTOR OF SCHOOLS (SE) Vs. SHILA KABIRAJ

JUDGEMENT

(1.) With a view to resuscitating the time-barred lis, the present application has been filed by the State of West Bengal and its functionaries, seeking condonation of a delay of 1,389 days in filing the proposed appeal, which aimsto challenge the ex-parte order dtd. 11/3/2019 passed in WPA 18015 of 2019.

(2.) The order dtd. 11/3/2019 mandated the respondents/applicants to grant a higher scale of pay to the petitioner, who joined the School with a Post Graduate degree in Physical Education, and to fix her salary accordingly, effective from 16/1/2009, within a specified time-frame. Additionally, the order directed the payment of both current and arrear salaries within the prescribed time. The order further stipulated that if the arrears and current salary were paid within the specified time, no interest would be payable. However, in case of failure to comply, the petitioner would be entitled to simple interest at the rate of 10% per annum from 16/1/2009 until the actual payment, in addition to proceeding of contempt of court.

(3.) The capsulated form of the facts, as unfurled in the writ petition, is that the petitioner participated in the 1999 Regional Selection Test organized by the West Bengal Central School Service Commission for the post of Assistant Teacher in Physical Education (Southern Region). The petitioner emerged as a successful candidate and, accordingly, was recommended for the post at Saptagram Kishore Bharati Girls High School, Bishorpara, 24 Parganas (North) (hereinafter referred to as the 'School').