Pankaj Kumar Biswas v. The State Of West Bengal And ORS.

04.11.2025 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 22230 of 2025 Pankaj Kumar Biswas -versus The State of West Bengal & Ors.

Mr. Ekramul Bari, Mr. Sk. Imtiaj Uddin.

...For the Petitioner.

Ms. Subhasri Chatterjee.

...For the State.

1.

Affidavit of service filed in Court today is taken on record.

2.

The petitioner is a retired school teacher. He received 3% additional increment in accordance with the Government Notification dated 10th February, 2010 for imparting higher secondary education. The pay of the petitioner was fixed accordingly.

3.

Six months prior to his retirement, the petitioner was directed to refund the amount overdrawn by him in view of the withdrawal of the 2010 notification by the State Government by a subsequent notification dated 22nd March, 2017.

4.

Apprehending that he will not get his terminal dues in proper time, the petitioner refunded the amount which was found to be withdrawn by him after 2017.

5.

The issue of withdrawal of the 2010 notification in the year 2017 was challenged before the Court and the Hon'ble Division Bench on 7th January, 2025 in FMA 981 of 2022 with IA No. CAN 1 of 2022 in

the matter of Samarendranath Adak -vs- The State of West Bengal & Ors. was pleased to set aside and quash the impugned notification dated 22nd March, 2017. 6.

The Hon'ble Division Bench was pleased to hold that the teacher would be entitled to grant of 3% additional increment in terms of ROPA 2009 with effect from the date of appointment as Headmaster or from the date of upgradation of the school, whichever is earlier.

7.

On setting aside of the 2017 notification by which the petitioner was found to be drawing excess amount, the right of the petitioner to receive 3% additional increment in terms of the 2010 notification revived.

8.

As the petitioner already refunded the amount found to be in excess of his entitlement immediately prior to his retirement, accordingly, the amount refunded by the petitioner is required to be returned to him.

9.

The instant writ petition is disposed of by directing the District Inspector of Schools (S.E.), South 24-Parganas to act in terms of the refixation of the pay of the petitioner made on 21st January, 2016 and revised Pension Payment Order shall be issued by the Director of Pension and Provident Fund and Group Insurance.

10. The authority shall disburse the arrears of the petitioner in terms of the said refixation. The amount refunded by the petitioner on account of overdrawn, shall also be returned to him.

11. Steps shall be taken in the matter at the earliest but positively within a period of eight weeks from the date of communication of this order. All

payments shall be made positively within a period of four months from the date of refixation.

12. The writ petition stands disposed of.

13. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

( Amrita Sinha, J.)