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2026 DAILYLAW 31451 (CAL)

BIKASH CHANDRA ROY v. STATE OF WEST BENGAL AND ORS.

WPA/14904/2026 · 2026-07-30

Amrita Sinha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

S/L 16 30.07.2026 Court No.24 SD IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION WPA 14904 of 2026 Bikash Chandra Roy Vs. The State of West Bengal & Ors. Mr. Sourav Mitra … for the Petitioner. Ms. Mary Datta Ms. Aparajita Mitra … for the State. 1. Affidavit of service filed in Court today be kept with the records. 2. The petitioner is serving as Headmaster in the higher secondary section of a school. 3. The petitioner is due to retire from service in November 2026. In the year 2022, the petitioner was directed to refund certain amount which was allegedly overdrawn by him for serving as a Headmaster for the period July 1, 2012 to October 31, 2022. 4. According to the petitioner, the said money ought not to have been directed to be refunded as the petitioner was legally entitled to the same. The petitioner prays for refund of the amount of Rs.2,26,262/- which was deposited by him allegedly on account of overdrawal payment and for improper fixation of pay. 5. Learned advocate for the petitioner relies upon the order passed by this Court on February 25, 2026 2 in WPA 29067 of 2025 [Anath Bondhu Dalal vs. The State of West Bengal & Ors.] wherein a similar issue was considered by the Court. 6. Prayer has been made to grant similar relief to the petitioner. 7. Upon hearing the submission made on behalf of both the parties and as the petitioner asserts that he is similarly placed as that of Anath Bondhu Dalal (supra), accordingly, the instant writ petition stands disposed of by directing the District Inspector of Schools (S.E.), Hooghly to ascertain as to whether the petitioner is similarly placed as that of Anath Bondhu Dalal (supra). 8. If it is found that the petitioner is similarly placed, then the District Inspector of Schools shall take steps to process the pension file of the petitioner upon fixing his pay strictly in accordance with law. 9. In the event any anomaly is detected by the District Inspector of Schools, the same shall immediately be intimated to the petitioner for necessary rectification. 10. A decision shall be taken by the District Inspector of Schools at the earliest, but positively within a period of eight weeks from the date of communication of this order. 3 11. If required, an opportunity of hearing shall be provided to the petitioner at the time of fixation of his pay. 12. If any amount if found to have been recovered from the petitioner illegally on account of overdrawal payment, then the same shall be refunded to the petitioner without any delay. 13. The writ petition stands disposed of. 14. All parties shall act on the basis of a server copy of this order duly downloaded from the official website of this Court. 15. Certified server copy of this order, if applied for, be supplied to the parties on compliance of all requisite formalities. (Amrita Sinha, J.)