MAHADEB BHATTACHARJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner in seeking a mandamus directing the authority of Rabindra Smriti(S) Vidyaniketan, Hooghly to pay him subsistence allowance according to his scale of pay, and by taking into consideration the question of his entitlement to get increments. He is also seeking an ordering directing the authority of the institute to compensate him for the financial loss regarding life insurance policy which he was compelled to surrender.

(2.) Regarding the question of compensation for surrendering the life insurance policy, the petitioner, appearing in person, submits that though details of the loss have not been given by him in the writ petition, if necessary, he will be in a position to produce the relevant documents. In view of the apex Court decision dated August 2nd, 2006, I am not inclined to adjourn the hearing of the matter for any reason whatsoever. This Court was directed to dispose of the writ petition within three months from August 2nd, 2006. Since the prayer for compensation is not supported by relevant facts and materials, I do not see any reason to examine it.

(3.) As to the question of paying subsistence allowance, there is no dispute that the petitioner was suspended with effect from September 27th, 2002. At that date he was working in the institute as an assistant teacher. The institute is a government sponsored institute. Its counsel submits that his client has no knowledge whether any statutory or other rules will govern the case of suspension of the petitioner. The petitioner contends that since the question of payment of subsistence allowance is not governed by any rules, the authority of the institute is under the obligation to pay full salaries and allowances to him.