Partha Ghosh v. State Of West Bengal And ORS.

03.11.2025 AGM Sl. No.25 Ct. No.18.

In The High Court At Calcutta Constitution Writ Jurisdiction Appellate Side WPA 21525 of 2025 Partha Ghosh Vs The State of West Bengal & Ors.

Mr. Sourav Mitra.

Ms. Sreyasree Choudhury.

......for the petitioner.

Mr. Soumitra Bandyopadhyay. Sr. Govt. Adv.

Mr. Priyabrata Batabyal.

... For the State.

1. The petitioner's pay fixation cannot be done properly for want of certain documents from the school.

2. The documents which are wanting, as indicated by the District Inspector or Schools (Secondary Education), Paschim Medinipur vide note dated 12th September, 2025 filed before this Court are as follows:- a) Order of lien with effect 06/09/2007 thereafter acceptance of resignation and Last Pay Certificate cum release order. (Annexure-4, Page no. 15 in the writ petition).

b) Appointment letter of the petitioner for the post of Head Master.

c) Proper signature and date in the application submitted in ROPA 2009 option form. (Annexure-6 in the writ petition) d) No explanation whether fixation of ROPA 2009 has been done after proper vetting and authentication.

e) Basis of drawing of salary of Rs.

23650/- w.e.f. 01/04/2009 under ROPA-09 as reflected in the service book. (Annexure -5, Page nos.-8,9 in the writ petition) f) Acquaintance for the month of March 2009 and April 2009.

2. The School Authority ought not to hold back the aforesaid documents of the petitioner. Till the aforesaid documents are forwarded by the School to the District Inspector of Schools, the petitioner's pay cannot be fixed properly.

3. The petitioner is approaching his date of superannuation and steps ought to be taken by the school to ensure that the pay of the petitioner is correctly fixed so that the petitioner does not face any problem for obtaining his terminal dues immediately after his retirement.

4. In view of the above, the instant writ petition stands disposed of by directing the Administrator of the School to take prompt necessary steps to forward the documents as mentioned hereinabove to the

District Inspector of Schools at the earliest, but positively within a period of six weeks from the date of communication of this order.

5. Within a period of eight weeks from the date of receipt of all documents from the School Authority, the District Inspector of Schools shall fix up the salary of the petitioner in the proper scale of pay.

6. Steps shall also be taken to release consequential financial benefit in terms of the fixation without any further delay.

7. The writ petition stands disposed of.

8. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Amrita Sinha, J.)