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Barun Kumar Chakrborty v. State of West Bengal & Ors.

Calcutta HC15 Mar 2022WPA/21415/2018

Case brief

AI extract

What is this about?

The Court directed the Secretary of Atashi Smriti High School to recast the petitioner's service book within four weeks based on a District Inspector of Schools memo regarding pay scale anomalies. It further ordered the District Inspector of Schools to grant a hearing to the parties before deciding on periodical increments under ROPA 2009.

What did the court decide?

Direction to School Authority to recast service book within four weeks; Direction to District Inspector of Schools to grant hearing within specified timeframe.

Barun Kumar Chakrborty Vs State of West… — Pension and Retirement Benefits | Calcutta HC (2022)

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W.P.A. 21415 of 2018

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105 15.03.2022 rkd Ct.15

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Barun Kumar Chakraborty

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-vs-

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State of West Bengal & Ors.

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Mr. N. I. Khan, Mr. Amlan Kumar Mukherjee

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….for the petitioner.

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Mr. Susanta Pal

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….for the State.

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The writ petition is heard in presence of the learned advocates representing the petitioner and State respondents. However, the School Authority of Atashi Smriti High School, Thakurbari, DistrictPaschim Medinipur, being the respondent no.4 is not represented before this Court today.

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It appears from Memo dated 27^th September, 2018 issued by the District Inspector of Schools (S.E.), Paschim Medinipur, at page 86 of the writ petition, the respondent no.4 was requested to recast the service book of the writ petitioner since it was found that postgraduate scale of pay was accorded to the petitioner with effect from 15^th February, 2010 therefore in terms of relevant provisions of ROPA 2009 periodical increments cannot be accorded with effect from 1^st July, 2010.

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It is submitted on behalf of the petitioner

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that in spite of issuance of such Memo dated 27^th September, 2018 the respondent no.4 has not taken steps for recasting the service book in terms of the observation made by the District Inspector of Schools in Memo dated 27^th September, 2018.

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The Secretary, Atashi Smriti High School, Thakurbari, DistrictPaschim Medinipur is directed to recast the service book of the petitioner in terms of the observations contained in Memo dated 27^th September, 2018 within four weeks from the date of communication of this order and forward the same to the Office of the District Inspector of Schools (S.E.), Paschim Medinipur for correcting the anomaly which has cropped up due to grant of periodical increments with effect from 1^st July, 2010 strictly in terms of relevant provisions of Revision of Pay and Allowance Rules, 2009 within a period of eight weeks from the date of receiving service books from the said School Authority.

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Before taking final decision by the District Inspector of Schools (S.E.), Paschim Medinipur, being the respondent no.3 opportunity of hearing to be granted to the petitioner as well as the School Authority with regard to fixing date of granting periodical increments on and from 2010 onwards in terms of said ROPA Rules of 2009. The decision to

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be taken by the respondent no.3 shall be communicated to the petitioner and the School Authority within one week thereafter.

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With the above direction, the writ petition stands disposed of.

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However, there shall be no order as to

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costs.

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Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

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(Saugata Bhattacharyya, J.)

Barun Kumar Chakrborty v. State of West Bengal & Ors.

Case brief

What is this about?

What did the court decide?

Barun Kumar Chakrborty v. State of West Bengal & Ors.

Case brief

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What the court decided

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