Calcutta High Court
WPA/1619/2026 of ABRAHAM BARA Vs THE STATE OF WEST BENGAL AND ORS on 6 October 2026
COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION 06.10.2026 rc/ct.no.CB-06
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IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CONSTITUTIONAL WRIT JURISDICTION 06.10.2026 rc/ct.no.CB-06 Item No.06 WPA No. 1619 of 2026 Abraham Bara Versus The State of West Bengal & Ors.
Adv. Debarshi Dhar Adv. Jonaki Saha …for the petitioner
Adv. Samar Rakshit Adv. Manisha Dutta … for the State
Affidavit of service filed by the petitioner is taken on record. The petitioner was appointed as an Assistant Teacher in Demdima Fatema High School and superannuated on October 31, 2010. 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 Recognised 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
2 authority on July 31, 2025 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), Alipurduar, 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. There shall be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh,J)