Radha Kanta Debnath v. State Of West Bengal And ORS.

28.04.2026 Sl. No.20 Ct. No.14 gd

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/24104/2025 RADHA KANTA DEBNATH VS STATE OF WEST BENGAL AND ORS.

Mr. Jayanta Das Ms. Soumita Ghosh ...for the Petitioner.

Mr. Anand Farmania Mr. Rakesh Singh ...for the State.

Mr. Ranjan Saha ...for DPSC, Paschim Medinipur.

1.

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

2.

By the present writ petition the petitioner seeks for direction upon the respondent authorities to consider the representation of the petitioner dated 2nd September, 2025 (Annexure P-17) for correction of Pension Payment order and grant of consequential financial benefits.

3.

The petitioner contends that he joined the District Primary School Council, Paschim Medinipur as Lower Division Clerk on 14th October, 1996. The petitioner was subsequently promoted as Upper Division Clerk vide order dated 2nd January, 2019 and thereafter the petitioner was promoted to the post of Head Clerk in

the scale of 7100-37,600/- (Pay Band-3) + Grade pay 3650/- plus allowances vide order dated 29th July, 2022. The petitioner retired from service on superannuation on 31st January, 2025. However, the pension has been fixed in the old scale of the petitioner and his designation in the pension payment order has been mentioned as Upper Division Clerk instead of Head Clerk which was the last post held by the petitioner at the time of his retirement. On 2nd September, 2025 the petitioner made a representation for redressal of his grievance. However, no steps have yet been taken. Hence this writ petition.

4.

Mr. Jayanta Das, learned advocate for the petitioner submits that the matter be relegated to the appropriate authority for taking a decision with regard to the representation of the petitioner dated 2nd September, 2025 in accordance with law.

5.

Learned advocate representing District Primary School Council, Paschim Medinipur as well as learned advocate for the State respondents concede to such submission.

6.

In view of the above, respondent no.5, the Chairman, Paschim Medinipur District Primary School Council, is directed to consider the representation of the petitioner dated 2nd September, 2025 and dispose of the same by passing a reasoned order in accordance with law upon notice to the petitioner within a period

of six weeks from the date of communication of this order.

7.

The reasoned shall be communicated to the petitioner within one week from the date of passing of such reasoned order.

8.

Learned advocate for the petitioner is directed to communicate this order to the respondent no.5, the Chairman, Paschim Medinipur District Primary School Council for necessary action.

9.

With the above direction, the writ petition being WPA 24104 of 2025 stands 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.)