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2026 DAILYLAW 45627 (CAL)

PRABIR KUMAR DATTA @ PRABIR KUMAR DUTTA AND ORS v. THE STATE OF WEST BENGAL AND ORS

WPA/2295/2026 · 2026-10-01

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

34 01.10.2026 Ct. No.6 P.A./A,P IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Constitutional Writ Jurisdiction WPA No. 2295 of 2026 Prabal Bindu Datta@Dutta & Others v/s The State of West Bengal and Ors. Mr. Narendra Nath Das Mr. Madhab Kumar Roy Mr. Debojyoti Roy …for the petitioners. Mr. Arijit Ghosh Mr. Alok Sah …for the State. Affidavit of service and supplementary affidavit filed by the petitioners are taken on record. The petitioners are the sons of Bina Dutta, since deceased, who was an assistant teacher in Premer Danga Dewan Barman High School and superannuated on 31st July, 2006. After ROPA-2009 came into force, the employee exercised option for receiving pension under the revised rule. The employee made several applications before the concerned authority seeking such revision but to no effect. She unfortunately expired on 7th October, 2024. Thereafter, the petitioners also approached the authority seeking such relief for the employee which has not been considered. The petitioners 2 claim disbursal of the arrear amount upon assessment of pension under ROPA-2009. Learned counsel for the State submits that the representations submitted by the employee and the petitioners be directed to be considered by the concerned authority, in accordance with law. In view of the above, the District Inspector of Schools, (Secondary Education) Cooch Behar, being the 5th respondent herein, is directed to consider and dispose of the representations submitted by the deceased employee Bina Dutta as well as the petitioners within 4 weeks from the date of communication of this order upon granting reasonable opportunity of hearing to all concerned including the petitioners, in accordance with law. The said authority is further directed to take necessary consequential steps upon disposal of the representations, at the earliest. The writ petition is disposed of accordingly. There shall however be no order as costs. Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Suvra Ghosh, J.)