Aswini Kumar Singh v. The State Of West Bengal And ORS

OD-03 ORDER SHEET WPO/92/2020

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE ASWINI KUMAR SINGH -VSTHE STATE OF WEST BENGAL & ORS.

BEFORE:

HON'BLE JUSTICE RAJASEKHAR MANTHA DATE: 21ST JUNE 2022.

APPEARANCE:

Mr. S.P. Jana, Adv.; Mr. S. Das, Adv., for petitioner. THE COURT: Despite notice, the respondents are not represented. The affidavit-ofservice along with the notice dated June 8, 2022, filed on behalf of the petitioner is taken on record. By an order dated November 18, 2019, the DI of Schools denied higher pension in lieu of ROPA, 2009 in favour of the petitioner since the School concerned did not revise the petitioner's pay in terms of ROPA, 2009. The petitioner was admittedly receiving a sum of Rs.2988/- as pension. After the aforesaid order was passed, the petitioner approached the School which revised his pay scale applying ROPA, 2009.

The petitioner shall make a representation before the DI of Schools based on the revised pay scale as sent by the School. The DI of Schools, upon receipt of the petitioner's representation, shall consider the prayer of revision of pay in terms of ROPA, 2009 based on the revision effected by the School retrospectively. The DI of Schools shall also decide the claim of the petitioner towards arrears and interest.

Let the aforesaid process be completed by the DI of Schools within a period of two months from the date of communication of a copy of this order by passing a reasoned order and communicating the same to the petitioner.

To complete the aforesaid process, the DI shall be entitled to call for any records from the School including the copy of the writ petition. With the aforesaid directions, the writ petition stands disposed of. (RAJASEKHAR MANTHA, J) tk