Calcutta High Court
WPA/2017/2026 of CHANDAN BHADRA Vs THE STATE OF WEST BENGAL AND ORS. on 6 October 2026
Ct. No.6 b.das IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri
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06.10.2026 Ct. No.6 b.das
IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction
WPA No. 2017 of 2026
Chandan Bhadra
Vs.
The State of W.B. & Ors.
Mr. Shamim ul Bari Mr. Sisir Kr. Roy …for the petitioner.
Mr. Arijit Ghosh Mr. Alok Sah …for the State.
Affidavit of service filed by the petitioner is taken on record. The petitioner was appointed as an Assistant Teacher in Cooch Behar Uchha Madhyamik Vidyalaya and superannuated on 31st May, 2003. The petitioner initially exercised option under the Contributory Provident Fund cum Gratuity for which his case was not considered within the purview of West Bengal Recognized Non-Government Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1981 for grant of pension. The petitioner has received gratuity as per Pension Payment Order issued by the concerned authority. The petitioner seeks to exercise option to come under the new revised pay scale as per ROPA Rules, 1990. He undertakes to deposit the employer’s share of contribution alongwith interest and additional interest thereon. He submitted a representation in this regard before the concerned authority on 3rd August, 2026 which is yet to be considered. He seeks consideration of the same. In view of the fact that the representation submitted by the petitioner is pending since long, the District Inspector of Schools (SE), Cooch Behar, being the 4th respondent herein, is directed to consider and dispose of the same within four weeks from the date of communication of this order in the light of the notification dated June 13, 2014. The decision taken by the authority shall be communicated to the petitioner within a week thereof. In the event the said authority arrives at a decision in favour of the petitioner, necessary consequential steps be taken at the earliest. The writ petition is disposed of accordingly. There shall, however, be no order as to costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh, J.)