IN THE HIGH COURT OF JUDICATURE AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE RESERVED ON: 01.08.2025 DELIVERED ON: 12.08.2025 PRESENT:

THE HON’BLE MR. JUSTICE GAURANG KANTH WPA 30457 OF 2024 RAJU HELA VERSUS THE STATE OF WEST BENGAL & ORS.

Appearance:-

Mr. S.P. Pahari, Adv.

…..……………..For the Petitioner Mr. Tapas Kr. Ghosh, Adv.

Mr. Tanmay Chatterjee, Adv.

......…………For Respondent No. 4 to 7 Ms. Sucharita De, Adv.

Mrs. Reshme Chatterjee, Adv.

………..………..For the State.

JUDGMENT Gaurang Kanth, J. :-

1. At the very outset, this Court records its deep anguish and serious concern over the wholly unjustified and prolonged delay in the disbursement of pensionary benefits to the Petitioner, a retired Group-D employee who has served the Respondent authority with 35 years of unblemished and dedicated service. Despite the lapse of 14 months since his superannuation, the Respondents have failed to release his lawful retiral dues, citing vague administrative lapses without offering any cogent explanation. The Petitioner, left with no other recourse, has been compelled to approach this Court for the enforcement of his rightful entitlements. Such inaction is not merely a lapse in governance but a grave dereliction of statutory duty, amounting to a denial of the Petitioner's vested and enforceable rights. It is reiterated that pension is not a matter of generosity but a constitutionally and statutorily protected right. Delay in its disbursement, especially to employees who have served in the lowest rungs of public administration, is antithetical to the principles of justice, equity, and good governance.

2. With the above sentiments duly noted, this Court shall now proceed to consider and determine the merits of the present writ petition.

Submission on behalf of the Petitioner

3. It is the case of the Petitioner that he was initially engaged as a Coolie in the Respondent Municipality on 01.01.1987 based on the Resolution of P.H.S Standing Committee dated 11.12.1986. His appointment was confirmed w.e.f 01.03.1990 vide Resolution of FE standing Committee dated 12.02.1990 duly approved on 21.02.1990. A service book was prepared in his name, akin to those of other similarly circumstanced employees, and he was extended all service-related benefits, including those under the Assured Career Progression (ACP) scheme.

4. Prior to his superannuation, vide letter dated 29.08.2023, the Chairman of the Respondent Municipality informed the Petitioner that he would retire from service with effect from 31.05.2024 and was accordingly advised to approach the Establishment Section through the Health Department of the Municipality for facilitation of the pension sanction process. By way of the same communication, the Petitioner was directed to furnish his appointment letter, joining report, educational/technical qualification certificates, and birth certificate.

5. The Petitioner was superannuated from service on 31.08.2023. However, due to discrepancies and mismatch in the designation of the post held by the Petitioner, no pension has been sanctioned in his favour to date. The Petitioner, having rendered over 35 years of unblemished service, has approached this Court by way of the present Writ Petition, seeking appropriate relief.

6. The Petitioner vide letter dated 18.09.2024 requested the Respondent Municipality to take steps for the release of the monthly pension and other retiral dues to the Petitioner.

7. It is further the case of the petitioner that WPA 5703/2024 similarly situated employees before this Court challenging the inaction on the part of the Respondent Municipality for non releasing of pensionary benefits. In pursuance of the directions passed by this Court in the said matter, the Respondent Municipality to release the retiral benefits including the pension in terms of approval made by the Director of Local body dated 21.06.2024 for re-designating the Petitioner from Coolie to Conservancy worker.

8. Eventhough no Affidavits-in-Opposition have been f