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The Calcutta High Court in a recent decision has held that mere challenging of order of the appellate authority does not ipso facto render the order impugned therein to be kept in abeyance or no effect can be given. 

The Court was hearing a matter pertaining to disbursement of the retiral benefits including the Provident Fund to a deceased teacher at the behest of the widow. The Provident Fund amount has already been disbursed, the present matter pertains to other retiral benefits admissible to the post of a teacher, who was murdered subsequently.

The appellants in the matter who are members of the the Managing Committee, Vidya Vikash High School (HS) allege have preferred the appeal against a single bench, where Justice Abhijit Gangopadhyay directed the appellants to call a meeting where the representative of the school and the representative of the petitioner will remain present and there the D. I. of Schools will indicate the further steps that are to be required for payment of retiral dues to the deceased.

The appellants submitted that the deceased while alive and in service faced a disciplinary proceeding, which culminated into an order of dismissal. According to them, the dismissal disentitles the employee to get any retiral benefits. The appellants allege that the decision of the disciplinary authority barring the deceased from retiral benefits have been set aside by the appellate court on technical grounds, which is untenable under law. 

The Calcutta High Court bench of Justice Harish Tandon and Justice Rabindranath Samanta observed that, that the order of dismissal is no longer surviving and even if the matter is pending before the Writ Court, hence no brindle is created upon the authorities from exercising the powers.

The Court further observed that, "the fact remains that there is no interdict or interim order passed by the Writ Court in the said writ petition. Mere challenging the order of the appellate authority does not ipso facto render the order impugned therein to be kept in abeyance or no effect can be given thereto. There is no fetter on the part of the authorities to exercise the powers conferred upon them in absence of any order of the Court putting fetter thereupon."

The Court observed that,

"The Single Bench has directed the District Inspector of Schools (SE), Barrackpore to call a meeting to be held with the representatives of the school and the respondent no. 1 so that the steps, which are required to be taken for release of the retiral benefits and the documents to be submitted may be explicitly, clearly required for such purpose, may be secured in order to expedite the process. Nothing has been said in the order that the retiral benefits shall be disbursed immediately upon the meeting so to be held but to expedite the process and avoid any technical plea to be taken by the authorities be it school or the Government."

Thus the Court dismissed the appeal stating that after the excercise is undertaken by appellant the consequential order would be passed by the Single Bench.

The Managing Committee, Vidya Vikash High School (HS) and another. Vs. Gita Barai and others.