5.

(DL)

20.08.2025 Ct. No. 18

(ARPAN

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction

(Appellate Side)

W.P.A. 15813 OF 2025

SUNIL KUMAR CHAKRABORTY

VS.

THE STATE OF WEST BENGAL & OTHERS

Mr. Laxminath Bhattacharya, Adv.

Mr. Banshi Badan Maity, Adv.

…for the Petitioner

Mr. Saibal Acharya, Adv.

Mr. Partha Sarathi Sen Sharma, Adv.

…for the State

1. Affidavit-of-service filed on behalf of the petitioner is

taken on record.

2. Petitioner retired from the post of Headmaster of a

Government aided school far back on 30^th April, 2012. At the time of settling pension case of the petitioner he had to deposit Rs.1,30,461/-, which was found as overdrawn. Subsequently, pension case of the petitioner was settled and pension payment order was issued on 23^rd July, 2013 thereby retiral dues including pension were released. Thereafter petitioner filed writ petition being WPA 17938 of 2022 praying for refund of aforesaid sum which petitioner had to

deposit prior to settling his pension case.

3. A Co-ordinate Bench by disposing of the writ petition

being WPA 17938 of 2022 vide order dated 12^th May, 2023 directed the concerned State respondents to refund Rs.1,30,461/- along with eight per cent interest

per annum for the period from 23^rd April, 2012 till the date of payment.

4. It is submitted by the learned advocate representing the petitioner till date aforesaid sum along with interest has not been released in favour of the petitioner.

5. State respondents are represented by learned advocates. It is submitted on behalf of the State respondents that steps need to be taken for compliance of the order dated 12^th May, 2023 since the order dated 12^th May, 2023 attained finality.

6. Having considered the respective submissions made on behalf of the parties, District Inspector of Schools (S.E.), Paschim Bardhaman being respondent no.3 is directed to prepare bill for release of Rs.1,30,461/- along with interest as directed by the Co-ordinate Bench in the order dated 12^th May, 2023 by four (4) weeks from the date of communication of this order and forward the same to the Treasury Officer, Durgapur, Paschim Bardhaman being respondent no.4 within the aforesaid time. On receiving bills from the respondent no.3 respondent no.4 shall release the amount in favour of the petitioner by fortnight thereafter on compliance of necessary formalities.

7. With the aforesaid directions writ petition stands disposed of.

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

(Saugata Bhattacharyya, J.)