Jayanta Agasti v. State Of West Bengal And ORS.

24.03.2026 sdas WPA 3553 of 2026 Jayanta Agasti Vs.

The State of West Bengal & Ors.

Mr. Kanailal Samanta .... for the petitioner Mrs. Munmun Tewary Mr. M. Nazar Chowdhury .... for the State

1. Let affidavit-of-service, as filed in Court, be kept on record.

2. Let copy of the instructions, as filed by the State respondents, be kept on record.

3. The grievance of the petitioner albeit may have been premature in view of the fact that an informal communication at page no. 33, allegedly from the office of the District Inspector of Schools (SE), Purba Medinipur, purports to rely on G.O. No. 292-SL-5S-294/12 dated March 22, 2017, to refuse the retiral benefits of the petitioner.

4. The situation has been somewhat eased by the fairness adopted by Mrs.

Tewary, learned Advocate appearing for the State respondents. She has fairly submitted that the respondent no. 3 has indeed relied upon such Government Order

(G.O.) of March 22, 2017, to hold that the petitioner is not entitled to retiral benefits.

5. District Inspector of Schools is clearly unmindful of the fact that this Holn'ble Court by its order dated June 21, 2024, which issue has been affirmed by a Division Bench order of January 7, 2025, set aside the aforestated Government Order in no uncertain terms and directed that additional increment of 3% along with Grade Pay in terms of the applicable ROPA will be payable.

6. In view of the aforestated, respondent no. 6 is directed to immediately forward the papers of the petitioner to the respondent no. 3 by March 31, 2026.

7. Respondent no. 3 will forward the same to the respondent no. 4 by April 10, 2026.

8. Respondent no. 4 is directed to immediately accord satisfaction to the pensionary benefits as payable to the petitioner by May 15, 2026 in accordance with law without in any manner raising any objection on the basis of a quashed Government Order.

9. Respondent no. 4 will proceed to issue the requisite Pension Payment Order and arrange for a disbursement of the pensionary benefits by May 31, 2026.

10. With the aforestated directions, the writ petition is disposed of.

11. There shall, however, be no order as to costs.

12. Urgent photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Reetobroto Kumar Mitra, J.)