Bishnu Prasad Basu And ORS v. State Of West Bengal And ORS.

11.11.2021 SL No. 11 Court No. 5 P.M.

WPA 14691 of 2021 Bishnu Prasad Basu & Ors.

Vs The State of West Bengal & Ors.

(Via Video Conference) Ms. Sabita Khutia (Bhunya) ... for the petitioners Mr. Arindam Chattopadhyay ... for DPSC, Nadia Mr. Pinaki Dhole, Mr. Avishek Prasad ... for the State The learned counsel for the petitioners seek to rely on an order dated 2nd May, 2019 by which the claim of the petitioners in relation to ROPA 2009 was directed to be forwarded to the Chairman of the District Primary School Council, Nadia for necessary action.

Learned counsel for the petitioners claim that as opposed to the benefit which the petitioner has got from 1st July, 2010, the petitioners should have got benefit from 1st April, 2008 till the date of the retirement.

Learned counsel for the State opposes the prayer by pointing out that the petitioners has filed the writ petition after eleven years of the retirement and further that the petitioners were also given the benefit from 1st July 2010. Upon considering the order dated 2nd May, 2019 this court is of the view that the Chairman of the Nadia District Primary School Council should consider the claim of the

petitioners for being extended the benefit of ROPA from 1st April, 2008 and pass a reasoned order upon hearing all concerned persons.

The reasoned order should be passed within a period of eight weeks from the date of communication of a copy of this order and a copy thereof be given to the petitioners within two weeks after the date of which such order is passed.

If the petitioners are found to be entitled the concerned authority is also directed to take necessary step in this regard without any delay.

WPA 14691 of 2021 is disposed of in terms of the order.

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

(Moushumi Bhattacharya, J.)