IN THE HIGH COURT OF JUDICATURE AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

APPELLATE SIDE

RESERVED ON: 13.08.2025 DELIVERED ON: 16.09.2025

PRESENT:

THE HON’BLE MR. JUSTICE GAURANG KANTH

WPA 15784 OF 2024

PRABIR KUMAR BHATTACHARYYA

VERSUS

THE STATE OF WEST BENGAL & ORS.

Appearance:-

Mr. Sankar Biswas, Adv.

.……………………..for the Petitioner

Mr. Suman Basu, Adv.

….…….… for respondent nos. 3 to 5

[Garulia Municipality]

Mr. Kapil Guha, Adv.

………….......…………for the State

JUDGMENT

Gaurang Kanth, J. :-

1. The Petitioner has preferred the present writ petition assailing the impugned order dated 07.05.2024, issued by the Chairman, Garulia Municipality, vide communication dated 10.05.2024, whereby it has been stated that due to the Petitioner’s prolonged absence from duty, his pensionary file could not be processed in a timely manner, notwithstanding his retirement from service on 28.02.2021. The Petitioner has further prayed for the immediate disbursement of all his retiral benefits, including pension, gratuity, provident fund, and all

other consequential dues.

2. The facts leading to the present case is as follows:

3. The Petitioner was appointed as a Sanitary Inspector in the Respondent Municipality by virtue of an appointment letter dated 11.05.1987, with a probationary period of six months. Upon satisfactory completion of probation, the services of the Petitioner were confirmed with effect from 01.12.1987.

4. The Petitioner, after rendering continuous service with the Respondent Municipality for a period of 33 years and 3 months, superannuated from service on 28.02.2021.

5. However, despite the passage of considerable time, the Respondent Municipality has failed to release the retiral dues of the Petitioner. It is pertinent to note that the service book of the Petitioner was not prepared and submitted for approval until August 2023. The Petitioner, therefore, submitted a representation dated 16.08.2023 seeking release of his retiral benefits. As no response was forthcoming, the Petitioner approached this Court in WPA No. 21228 of 2023. This Court, by order dated 18.12.2023, was pleased to dispose of the said writ petition with a direction to the Chairman of the Respondent Municipality to consider and dispose of the Petitioner’s representation within a period of eight weeks. Pursuant thereto, the Chairman considered the representation and rejected the same by order dated 18.12.2023.

6. Subsequent to the said rejection, the Chairman of the Respondent Municipality called the Petitioner for a hearing on 07.05.2024 and thereafter passed an order whereby, it was recorded that the Petitioner had remained absent from duty for a considerable period, as a result of which his pension papers could not be processed in time. It was further stated that the pension file had since been prepared and forwarded to the office of the Director, Local Bodies, for verification and approval.

7. The Petitioner submits that, as on the date of filing the present writ petition, no retiral benefits have been released to him. He further contends that one Shri Arup Kumar Ghosh, a clerk of the Respondent Municipality, who retired on 21.12.2022, has already been granted full pension along with all other retiral benefits. In contrast, despite the Petitioner’s superannuation more than four years ago, no such benefits have been disbursed to him. Aggrieved by the continued denial of his legitimate pensionary benefits, the Petitioner has preferred the instant writ petition.

Submission on behalf of the Petitioner.

8. Learned Counsel for the Petitioner submits that the Petitioner joined the services of the Respondent Municipality on 01.12.1987 and superannuated on 28.02.2021, having rendered a qualifying service of 33 years and 3 months. Accordingly, the Petitioner is entitled to pension, gratuity, and all other admissible retiral benefits under law.

9. It is further submitted that the Respondent Municipality failed to duly prepare and maintain the service book of the Petitioner, for no fault attributable