Nanda Dulal Saha v. State Of West Bengal And ORS.

27.01.2026 Sl. No.26 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/15897/2025 NANDA DULAL SAHA VS STATE OF WEST BENGAL AND ORS.

Mr. Rudranil De Mr. M. Ahmed ...for the Petitioner.

Ms. Neelam Singh ...for the State.

1.

Affidavit of service filed by the petitioner is taken on record.

2.

Report of District Inspector of Schools (P.E) dated 22nd July 2025 furnished ay the State is also taken on record.

3.

By the present writ petition the petitioner seeks direction upon the respondent authorities to release pension in favour of the petitioner taking into consideration the revised scale of pay in terms of ROPA-2009 and ROPA-2019.

4.

The petitioner contends that he was the Head Master of Rudranagar Primary School under Paikar Circle, District-Birbhum. The petitioner retired from service on superannuation on 31st July, 2009 when ROPA 2009 was in vogue. Subsequently ROPA-2019 was also introduced. However, the Pension Payment Order

of the petitioner has been prepared in terms of ROPA1998 and no such benefits were extended to the petitioner under ROPA-2009 and ROPA-2019 so far as the pensionary benefits of the petitioner is concerned. The petitioner through his learned advocate and representative submitted a demand of justice before the concerned authority, namely, respondent no.3, District Inspector of Schools (P.E.), Birbhum. However, till date no steps have been taken in such regard. Hence this writ petition.

5.

Mr. Rudranil De, learned advocate appearing for the petitioner submits that the pension of the petitioner has been granted taking into consideration the pay scale under ROPA-1998. The petitioner is entitled to revised pension under ROPA-2009 and ROPA-2019. However, the same has not been granted. He seeks that petitioner be granted liberty to file a comprehensive representation before the appropriate authority for redressal of his grievance.

6.

Ms. Neelam Singh, learned advocate appearing for the State submits that the petitioner's prayer for revision of pension as per ROPA-2009 was misplaced due to renovation of office building of District Inspector of Schools (P.E), Birbhum. Be that as it my, the pension case of the petitioner along with all necessary papers have been forwarded to Director of Pension, Provident Fund and Group Insurance for revision under ROPA, 2009.

7.

In view of the above circumstances, liberty is granted to the petitioner to submit a comprehensive representation before the respondent no.3, District Inspector of Schools (P.E.), Birbhum within a period of three weeks from date. Upon submission of such representation, the respondent no.3, District Inspector of Schools (P.E.), Birbhum shall consider such representation and dispose of the same in accordance with law by a reasoned order upon notice to the petitioner within a period of six weeks from date of receipt of such representation.

8.

In the event the petitioner is found to be entitled, the respondent no.3, District Inspector of Schools (P.E.), Birbhum shall take other consequential steps as required under law.

9.

With the aforesaid directions, the writ petition being WPA 15897 of 2025 is disposed of.

10.

Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted.

11.

Interim order, if any, stands vacated.

12.

All connected applications, if any, stand disposed of. 13.

There shall be no order as to costs.

14.

All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court.

15.

Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities.

(Bivas Pattanayak, J.)