06-10-2026 Item No.10 Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA No.10896 of 2026 Asok Kumar Hatua -vs- The State of West Bengal & Ors. Mr. Anjan Bhattacharya Ms. Anita Shaw Ms. Seema Thakur …for the petitioner Mr. Shiv Shankar Banerjee Mr. Sarban Bhattacharjee …for the State 1. Perused the instruction forwarded by the District Inspector of Schools (SE), Purba Medinipur signed on September 25, 2026 wherein it has been mentioned that there is no provision in the existing Government Orders for allowing provisional gratuity on account of criminal proceeding pending against the pensioner. 2. The petitioner relies upon the memorandum being Memo No.327-Edn.(B) dated August 31, 1990 (Annexure P7 p.58). 3. As it appears that the prayer of the petitioner for release of provisional gratuity is pending consideration before the authority, the DI of Schools is directed to take steps to consider such prayer strictly in the light of the aforesaid Memo dated August 31, 1990, particularly paragraph 2 thereof, wherein there is provision for sanction of provisional pension and provisional gratuity as provided in paragraph 34 of the West Bengal Recognised Non-Government Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1981. 4. A decision shall be taken by the DI of Schools at the earliest but positively within a period of eight weeks from the date of communication of this order. An opportunity of hearing shall be provided to the petitioner for production of all necessary documents in support of his prayer. 5. The DI of Schools shall pass a reasoned order and communicate the same to the petitioner forthwith. 6. If the prayer of the petitioner is allowed, then necessary consequential steps shall be taken for releasing the provisional gratuity in favour of the petitioner without any further delay. 7. The writ petition stands disposed of. 8. All parties are to act on the server copy of this order duly downloaded from the official website of this court. 9. Certified server copy of this order, if applied for, shall be made available to the parties. [Amrita Sinha, J] 2 3