Baisakhi Pal v. The State Of West Bengal And ORS.

18.06.2025 Court No. 18 Item No. 43 (Suvendu) WPA 11171 of 2025 Baisakhi Pal -VersusThe State of West Bengal & Ors.

Mr. Sakti Pada Jana Mr. Subhajyoti Das ........for the petitioner Mr. Susanta Pal Ms. Ananya Neogi ......for the State Affidavit of service filed on behalf of the petitioner is taken on record.

Petitioner was appointed as Headmistress with effect from 25th July, 2019 in a Government aided recognized school. While exercising option in terms of ROPA 2019 petitioner inadvertently opted to come under revised pay structure with effect from 1st January, 2016 as Headmistress. Fact remains on 1st January, 2016 petitioner was not working as an approved Headmistress. Petitioner joined the post of Headmistress on 25th July, 2019.

In view of such error crept in at the time of exercising option in terms of ROPA 2019 petitioner has not been granted benefit of revision of pay as per said ROPA rules. Prayer is made in this writ petition

for correction of option form exercised as per ROPA 2019 by the Commissioner of School Education. A representation has been made by the petitioner on 26th September, 2024 addressed to the Commissioner of School Education, West Bengal being respondent no. 2 and same is pending for consideration.

State respondents are represented by learned advocate who has submitted that since issue is pending before respondent no. 2 same needs to be decided in accordance with law.

Having considered the respective submissions made on behalf of the parties, Court directs respondent no. 2 to decide the representation of the petitioner within a period of ten weeks from date of communication of this order after granting opportunity of hearing to the petitioner or her representative. Respondent no. 2 shall pass a reasoned order which shall be communicated to the petitioner by fortnight thereafter.

Learned advocate for the petitioner is directed to communicate this order along with a copy of representation dated 26th September, 2024 to respondent no. 2 by seven days from date.

Writ petition stands disposed of.

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

(Saugata Bhattacharyya, J.)