WPA/1357/2026 of BHABA RANJAN RAY Vs THE STATE OF WEST BENGAL AND ORS on 17 August 2026

1. Affidavit-of-service, filed in Court today, is taken on record.

2. Mr. Deborshi Dhar, learned Advocate appears for the petitioner.

3. Mr. Kunaljit Bhattacharjee, learned Additional Government Pleader with Ms. Esha Acharya, learned Advocate appears for the State.

4. Referring to a Memo of Appointment dated October 12, 2018, Annexure-P1 at page 15 to the writ petition issued by the respondent no.5, Mr. Deborshi Dhar, learned Advocate for the

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petitioner submits that, the petitioner was appointed on a temporary basis. The stipulation for appointment is very clear from the said appointment memo.

5. In the first round of writ petition, filed by the petitioner, the coordinate Bench by its order dated April 13, 2026 at page 47 to the writ petition has disposed of the writ petition with its observation, inter alia, that admittedly the petitioner has already enjoyed benefits which are otherwise not payable.

6. The petitioner now claims pay fixation in terms of ROPA, 2019 and monthly remuneration accordingly along with arrears.

7. Mr. Kunaljit Bhattacharjee, learned Additional Government Pleader referring to a document at page 29 to the writ petition submits that, the audit has raised an objection and has suggested refund of a sum to the extent of more than Rr.21Lakh as over paid to the petitioner.

8. After considering the submissions made on behalf of the parties and on perusal of the materials on record following directions are made: a) Petitioner shall serve a copy of this writ petition along with a copy of today’s order upon the respondent no.5, The District Magistrate, Jalpaiguri forthwith; b) The respondent no.5 then after considering the existing records shall take a decision by passing a reasoned order after granting an opportunity of hearing to the petitioner strictly in accordance with law;

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c) The entire exercise shall be carried out and completed by the respondent no.5 within six weeks from the date of communication of this order; d) The reasoned order then shall be communicated to the petitioner within a further period of two weeks from the date of the said reasoned order to be passed. e) In the event, it appears that, the petitioner has overdrawn any sum, the respondent no.5 may be at liberty to demand the same from the petitioner and direct the petitioner to return the same in the manner and mode as the respondent no.5 would deem fit and proper. If necessary, appropriate recovery proceeding may also be initiated in accordance with law;

9. If on scrutiny of records it appears that, the petitioner has refunded any sum, the same shall be adjusted accordingly.

10. It is made clear that, this order shall not create any right or equity in favour of the petitioner and the respondent no.5 shall be free to take its decision with reasons in accordance with law on the merits of the case.

11. Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

12. With the above observations and directions the writ petition, WPA 1357 of 2026 stands disposed of without any order as to costs.

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13. Parties shall act on the server copy of this order duly obtained from the official website of this Court.

14. Photostat certified of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)