4. 4. (DL) (DL) 11.08.2025 11.08.2025 Ct. No. 18 (ARPAN) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (Appellate Side) W.P.A. 14143 OF 2025 SMT. GOURI RANI MAITI @ SMT. GOURI RANI MAITI DE VS. THE STATE OF WEST BENGAL & OTHERS Mr. Jayanta Kumar Das, Adv. Mr. Gourav Das, Adv Ms. Madhumanti Das, Adv. …for the Petitioner Mr. Sourav Sen, Sr. Adv. …for the State 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. Petitioner was initially an Assistant Teacher, who was appointed as Assistant Headmistress on 1st September, 2005 in the same school where she was working and later joined the post of Headmistress in Kharagpur South Side Girls’ High School, Paschim Medinipur on 21st August, 2007 and retired on superannuation on 30th November, 2024. Grievance of the petitioner is till date pension and other retiral dues are not released on settling her pension case. 3. Mr. Sen, learned Senior Advocate representing the State respondents has submitted that objection was raised by the Director of Pension, Provident Fund and Group Insurance and to comply the same Deputy Director of School Education (G.A.), West Bengal had issued a memo dated 29th January, 2025 wherein it 2 was stated that benefit of fixation of pay under the revised structure would be available to a teacher taking his/ her earlier benefit of additional increment in the unrevised scale irrespective of the fact that said teacher is in service on 27th February, 2009 or not. 4. However, on perusal of the records it appears issue has been rightly adverted to by the Deputy Director of School Education (G.A.), West Bengal vide said memo dated 29th January, 2025 thereby clarifying that additional increment was allowed to the petitioner appointed as Assistant Headmistress on 1st September, 2005 and when she was appointed as Headmistress on 21st August, 2007 taking into account the additional increment her pay was fixed in revised pay structure in terms of second paragraph of G.O. No.181-SE (B) dated 8th October, 2009. After implementation of ROPA 2009 with effect from 1st January, 2006 the provision of G.O. No.185-SE (B) dated 4th May, 2000 could not have any application to guide fixation of pay under ROPA 2009 but said G.O. No.181-SE (B) dated 8th October, 2009 does not contain any provision to cease the additional increment, which was granted to the petitioner when she was appointed as Headmistress after 1st January, 2006 that was on 21st August, 2007. 3 5. In view of aforesaid clarification offered by the Deputy Director of School Education (G.A.), West Bengal vide memo dated 29th January, 2025, by this time authorities ought to have released retiral dues including pension in favour of the petitioner considering the date of retirement of the petitioner on 30th November, 2024. 6. This Court finds there is no justification in keeping the pension case of the petitioner pending. 7. The State authorities are directed to forward the pension case of the petitioner to the Director of Pension, Provident Fund and Group Insurance being respondent no.4 by fortnight from the date of communication of this order. On receipt of pension papers respondent no.4 is directed to issue pension payment order in favour of the petitioner by fortnight thereafter on compliance of necessary formalities. 8. State respondents are directed to release the retiral dues including pension to the petitioner at an early date but not later than eight (8) weeks from the date of communication of this order. 9. With the aforesaid directions writ petition stands disposed of. 10. However, there shall be no order as to costs. 4 11. Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Saugata Bhattacharyya, J.)