Authority: High Court at Calcutta, Circuit Bench at Jalpaiguri (Constitutional Writ Jurisdiction)
Order Date: 06 October 2026
Case Overview
- Petitioner: Yog Bahadur Chhetri, former non‑teaching Group‑D staff of Jublee High School, superannuated on 31 December 2006.
- Respondents: State of West Bengal & others, including District Inspector of Schools (SE), Darjeeling as the fourth respondent.
- The petitioner had exercised the option under the Contributory Provident Fund cum Gratuity scheme and received gratuity per a Pension Payment Order, but was not covered by the West Bengal Recognised Non‑Government Educational Institution Employees (Death‑cum‑Retirement Benefit) Scheme, 1981 for pension.
- He now seeks to shift to the revised pay scale under the ROPA Rules, 1990, offering to deposit the employer’s share of contribution together with interest and additional interest.
- A representation on this request was filed on 25 November 2025 and remains pending.
Final Outcome
- The Court directs the District Inspector of Schools (SE), Darjeeling to consider and dispose of the pending representation within four weeks from the date of communication of this order, pursuant to the notification dated 13 June 2014.
- The authority must communicate its decision to the petitioner within one week of its determination.
- If the decision is favorable, the necessary consequential steps shall be taken at the earliest.
- The writ petition is disposed of without any order as to costs; allegations in the petition are deemed not admitted.
- An urgent certified copy of the order may be provided to the parties upon compliance with requisite formalities.
Topics: Pension, Education Employment