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2026 DAILYLAW 26542 (CAL)

RADHA KRISHNA ROY @ RADHA KRISHNA BANS v. THE STATE OF WEST BENGAL AND ORS.

WPA/16845/2025 · 2026-06-30

Bivas Pattanayak

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

30.06.2026 Sl. No.15 Ct. No.14 gd IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA/16845/2025 RADHA KRISHNA ROY @ RADHA KRISHNA BANS VS THE STATE OF WEST BENGAL AND ORS. Mr. Akashdeep Mukherjee (VC) Mr. Soummyadeep Nag Ms. Nasrin Nahar …for the Petitioner. Ms. Mary Datta …for the State. Mr. Gourav Das …for DPSC, South 24-Parganas. 1. On the prayer of learned advocate for the petitioner, leave is granted to implead Chairman, District Primary School Council, South 24-Parganas as added respondent no.10. 2. Petitioner is directed to serve copy of the writ petition along with its annexures upon learned advocate for District Primary School Council, South 24-Parganas. 3. By the present writ petition the petitioner seeks direction upon the respondent authorities for release of arrears of salary as per ROPA-2009. 4. The petitioner contends that he was an Assistant Teacher of Rabindranagar Rabindrapally Free Primary Junior Basic School. The petitioner retired from service on superannuation in the year 2011 from Kedarpur State Plan Free Primary School. On 16th November, 2019 the petitioner made a representation before the respondent no.8, the Sub-Inspector of School, Pathar Pratima East Circle for release of arrears of salary. Subsequent therto on 19th June, 2025 the petitioner again submitted a representation. However, no steps have been taken. Hence this writ petition. 5. Mr. Akashdeep Mukherjee, learned advocate for the petitioner through virtual mode submits that the petitioner is entitled to receive arrears of salary to the tune of Rs.65,947/- under ROPA-2009 as calculated by respondent no.8, the Sub-Inspector of School, Pathar Pratima East Circle. However, till date the same has not been disbursed. 6. Mr. Gourav Das, learned advocate representing District Primary School Council, South 24-Parganas submits that if the petitioner is entitled to the same, steps would be taken for disbursement of the arrear dues. 7. Ms. Mary Datta, learned advocate for the State leaves the matter to the discretion of the Court. 8. Upon perusal of the report filed by District Inspector of Schools (P.E.), South 24-Parganas dated 6th April, 2026 it is found that communication has been made to the competent authority i.e. the Chairman, District Primary School Council, South 24-Parganas for taking necessary action to release the arrear payments under ROPA-2009 in favour of the petitioner amounting to Rs.65,947/-. Thus, it is found that the same is pending at the end of the added respondent no.10. 2 9. Accordingly, added respondent no.10, the Chairman, District Primary School Council, South 24-Parganas is directed to take necessary steps for disbursement of arrear of salary of the petitioner, if found entitled, together with interest @ 8% per annum from the date of entitlement till the date of actual disbursement in accordance with law within a period of six weeks from the date of communication of this order. 10. Petitioner is directed to communicate this order to the added respondent no.10, the Chairman, District Primary School Council, South 24-Parganas for necessary action. 11. With the aforesaid directions, the writ petition being WPA 16845 of 2025 is disposed of. 12. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 13. Interim order, if any, stands vacated. 14. All connected applications, if any, stand disposed of. 15. There shall be no order as to costs. 16. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 17. 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.) 3