Anil Kumar Ghosh vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 363

IN THE HIGH COURT AT CALCUTTA
SAUGATA BHATTACHARYYA
Anil Kumar Ghosh – Appellant
Versus
State of West Bengal – Respondent

Advocates Appeared:
For the Petitioner:Mr. Soumya Majumder, Sr. Advocate, Ms. Sanjukta Dutta, Advocate
For the Respondent:Mr. Amal Kr. Sen, Ld. AAG, Mr. Arindam Chattopadyay, Advocate, Ms. Lipika Chatterjee, Advocate, Mr. Sirsanya Bandyopadhyay, Advocate, Mr. Satyajit Talukder, Advocate, Mr. Arindam Chatterjee, Advocate

JUDGMENT :

Saugata Bhattacharyya, J.

1. Petitioners were employees of Kolkata Improvement Trust (for short ‘KIT’), Kolkata Metropolitan Water and Sanitation Authority (for short ‘KMW&SA’) and Kolkata Metropolitan Development Authority (for short ‘KMDA’). Subsequently KIT and KMW&SA merged with KMDA and as such, petitioners were considered as employees of KMDA. All the petitioners retired on superannuation and were permitted to commute pension in terms of Calcutta Metropolitan Development Authority Employees’ (Death-cum-Retirement Benefit) Regulations, 1988 (hereinafter referred as ‘said Regulations of 1988’). Petitioners have expressed common grievance that though they were permitted to commute their pension up to the extent of 40% of pension but on completion of 15 years from the date of commutation they were not provided the benefit of restoration of commuted portion of pension. Even after completion of 15 years from the date of commutation of pension petitioners were receiving pension at reduced rate since there was denial by respondent authorities to restore commuted portion of pension. Hence present writ petition was filed, inter alia, challenging a communication dated 8th Octob