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2025 Supreme(Online)(Cal) 3849

CALCUTTA HIGH COURT
Aniruddha Roy, J
The District Inspector of Schools (SE), Barrackpore – Appellant
Versus
Alok Kumar Mallick & Ors. – Respondent
Constitutional Writ Jurisdiction|RVW 100 of 2024|WPA 22484 of 2019|RVW 298 of 2024|CAN 1 of 2024|CAN 2 of 2024



Advocates:
For the Appellants/Petitioners: Mr. Sanajit Kumar Ghosh, Mr. Biswajit Konar, Mr. Arijit Mahinder
For the Respondents: Mr. Bhaskar Prasad Vaisya, Ld. AGP, Mr. Sagnik Chatterjee, Mr. Suman Dey

The eligibility for pension and entitlements must be paid as per applicable statutes, specifically ROPA 2019.

Headnote:This is a review application under RVW 100 of 2024 concerning the entitlement of a teacher to receive provisional pension in light of ROPA 2019. The court observed that the qualifying petitioner had been receiving provisional pension; however, it was not being paid in accordance with the stipulated provisions of law. The court directed that any lawful payments due, including interest for delayed payment, be assessed during the final hearing scheduled on July 28, 2025.

298 of 2024 In Re: RVW 100/2024 This is a review application preferred by the District Inspector of School. The review applicant has already served affidavit-in-reply upon the learned advocate on record for the writ petitioner/respondents in the review application.

On the prayer of Mr. Sanajit Kumar Ghosh, learned advocate appearing for the respondent in this review application being the writ petitioner, time to file affidavit-in-opposition stands extended till today. The affidavit-in-opposition filed in Court today in taken on record.

On the prayer of Mr. Sagnik Chatterjee, learned advocate appearing for the review applicant time to file affidavit-in-reply stands peremptorily extended till July 21, 2025. It is made clear no further extension shall be prayed for, as the learned counsel has assured this court.

In Re: RVW 298 of 2024 This is a review application preferred by the relevant school authority being the respondents in the writ petition. There is a condonation application.

On the prayer of Mr. Suman Dey, learned counsel appearing for the school authority/review applicant time to file affidavit-in-reply stands peremptorily extended till July 21, 2025, he shall not pray for further extension.

On the prayer of Mr. Sanajit Kumar Ghosh, learned advocate, affidavit-in-opposition filed in Court today is taken on record by extending the time.

The parties jointly submit that the writ petitioner has already been receiving the provisional pension. Referring to the last order dated May 1, 2025, Mr.

Sanajit Kumar Ghosh, learned counsel appearing for the writ petitioner submits that the jurisdictional state authority being the D.I. was directed to forthwith release and pay the provisional pension payable to the writ petitioner-teacher in accordance with law from the immediate date of retirement. He further submits that the petitioner has been paying provisional pension but not in accordance with ROPA 2019, to which the petitioner is eligible to receive provisional pension in accordance with law. He submits that the writ petitioner is eligible to receive pension and all other employment benefit in accordance with ROPA 2019 and the same has not been done.

Mr. Sagnik Chatterjee, learned counsel appearing for the review applicant/D.I. submits he shall take instruction and from record if it is found that whatever is payable to the petitioner strictly in accordance with law has not been paid the same shall immediately be paid to the petitioner along with arrear.

After considering the rival submissions this court observes that interest on delayed payment, if any on the lawful payment, to which the petitioner is entitled to, if has not been paid, shall be considered at the time of final hearing of the review application.

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