IN THE HIGH COURT OF JUDICATURE AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE RESERVED ON: 19.09.2025 DELIVERED ON: 26.09.2025 PRESENT:

THE HON’BLE MR. JUSTICE GAURANG KANTH WPA 26887 OF 2024 SIMA GUPTA VERSUS THE STATE OF WEST BENGAL & ORS.

Appearance:-

Ms. Chandrani Bhattacharya, Adv.

.…………………….. for the Petitioner.

Mr. Jayanta Samanta, Adv.

….…….… for the State.

JUDGMENT Gaurang Kanth, J. :-

1. The Petitioner has preferred the present writ petition seeking, inter alia, a direction upon the Respondent Municipality to accord post-facto approval to her appointment and subsequent promotion to the post of Clerk, and further to grant and release in her favour the full pensionary and gratuity benefits to which she is legally entitled.

2. The brief facts giving rise to the present writ petition are as follows:

3. The Petitioner was initially appointed as an Attendant under the Respondent Municipality on 15.09.2000. Thereafter, pursuant to the resolution of the Board of Councilors dated 30.10.2005, the Chairman of the Respondent Municipality promoted the Petitioner to the post of Clerk vide Memo No. 411/1(15)/06/BM dated 15.06.2006.

4. During the tenure of her service, the Petitioner was treated as a Government employee and was extended all service benefits under the applicable Rules, including ROPA 2009 and the Career Advancement Scheme. She regularly drew her salary as a Clerk from the Government Treasury. Her service book was duly prepared, maintained, and approved by the Chairman and the Executive Officer of the Respondent Municipality.

5. After rendering unblemished service for a period of 23 years, the Petitioner retired from service on 31.01.2023.

6. By a notice dated 05.02.2023, the Chairman of the Respondent Municipality intimated the Petitioner regarding her retirement with effect from 31.01.2023 and further stated that her service book had already been forwarded to the Director of Local Bodies on 16.01.2023 for verification and approval of pensionary benefits.

7. Despite the aforesaid, till date, the Petitioner’s pension and other retiral benefits have not been released. Several representations were made by the Petitioner before the concerned authorities, but the same have remained unanswered.

8. Being aggrieved by the arbitrary inaction of the Respondent Municipality in releasing her lawful retiral dues, the Petitioner has been constrained to approach this Hon’ble Court by filing the present writ petition.

Submission on behalf of the Petitioner

9. Learned Counsel for the Petitioner submits that the Petitioner was appointed on 15.09.2000 and retired from the services of the Respondent Municipality on 31.01.2023, after rendering more than 23 years of unblemished and continuous service. It is contended that by virtue of such long, uninterrupted, and satisfactory service, the Petitioner has acquired a vested and indefeasible right to receive pension, gratuity, and all other admissible retiral benefits in accordance with law.

10. Learned Counsel further submits that the Petitioner’s case is squarely covered by the judgment rendered by this Court in WPA No. 5283 of 2019, wherein it was held that an employee who had rendered long service with the Respondent Municipality was entitled to pension and other retiral benefits. In the said case, this Court directed the Respondent Municipality to ensure that the writ petitioner therein was paid all terminal benefits within six months, and, in the interim, directed the release of provisional pension.

11. It is further submitted that the Petitioner, being a retired employee, is presently suffering acute financial hardship due to the non-release of her lawful retiral dues. Despite the lapse of a considerable period since her superannuation, the Respondent Municipality has failed to release even provisional pension. Such prolonged deprivation of pensionary and other retiral benefits is wholly arbitrary, unjust, and violative of the Petitioner’s fundamental and statutory rights.

Submission on b