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Calcutta High Court · body

2026 DAILYLAW 7830 (CAL)

APARNA HAIT v. STATE OF WEST BENGAL AND ORS.

WPA/26578/2025 · 2026-02-27

Reetobroto Kumar Mitra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C o u r t N . 2 2 S l 1 5 1 / C L DL-23 27.02.2026 Court No.18 [Bench ID-265721] (AD) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 26578 of 2025 Aparna Hait Vs. The State of West Bengal & Ors. Mr. Dibyayan Banerji, Advocate Mr. Abhrajit Roy Chowdhury, Advocate … for the petitioner Mr. Dwarika Nath Mukherjee, Advocate Mr. Dipendra Nath Bose, Advocate … for the State Mr. Shamim ul Bari, Advocate … for the School Authority 1. Supplementary affidavit filed by the petitioner in Court today be retained with the records. 2. The petitioner is the widow of a deceased Headmaster of a school alleging non-payment of the terminal dues of her deceased husband. 3. Submission of the petitioner is that 3% additional increment which was initially granted to the deceased Headmaster on account of upgradation of the school from the secondary to the higher secondary level has been illegally deducted. 4. Learned Advocate appearing for the petitioner submits that the deduction is bad and proper calculation ought to be made for releasing pension in favour of the deceased employee. 2 5. It appears that an issue cropped up with the issuance of the “No Liability Certificate” to the deceased. The certificate has since been made ready and the school has requested the petitioner to collect the same from the school. The petitioner widow has expressed her inability to visit the school. 6. The school is, accordingly, directed to send the “No Liability Certificate” to the petitioner through speed post or courier service upon obtaining proper receipt thereof within a fortnight from date. 7. The memo relying on which 3% additional increment was granted to the Headmaster of the upgraded school has been upheld by the Court. Accordingly, the authority ought not to deduct the additional increment which was paid to the Headmaster. 8. The pension file of the deceased teacher is required to be made ready immediately without deducting 3% additional increment paid to him. 9. The District Inspector of Schools shall ensure that the pension file of the petitioner is made ready and forwarded to the DPGG without any further delay for issuance of PPO with the correct calculation at the earliest but positively within a period of four months from the date of communication of this order. The amount mentioned in the PPO shall be disbursed in favour 3 of the widow. 10. The prayer of the petitioner for grant of interest on account of delayed payment of terminal dues is not allowed for the time being. 11. It is made clear that if PPO and the amount mentioned therein is not disbursed within a period of four months from date, then the petitioner would be entitled to simple interest @ 6% per annum to be calculated on and from the due date till the date of actual payment. 12. The three envelopes containing the communications made by the school to the petitioner for collecting the “No Liability Certificate” which has been refused to be accepted by the petitioner filed in Court today by the learned Advocate representing the school be retained with the records. 13. WPA 26578 of 2025 is disposed of. 14. Parties to act on the basis of the server copy of this order, duly downloaded from the official website of this Court. 15. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)