IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATESIDE W.P.A.10852 of 2016 with CAN 2 of 2023 Anil Kumar Ghosh & Ors.

Versus The State of West Bengal & Ors.

For the Petitioners : Mr. Soumya Majumder, Sr. Advocate Ms. Sanjukta Dutta, Advocate For the State : Mr. Amal Kr. Sen, Ld. AAG Mr. Arindam Chattopadyay, Advocate Ms. Lipika Chatterjee, Advocate For the KMDA : Mr. Sirsanya Bandyopadhyay, Advocate Mr. Satyajit Talukder, Advocate Mr. Arindam Chatterjee, Advocate Hearing concluded on : 4th September, 2025 Judgment On : 11th September, 2025 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 October, 2009 being No. 3444-UD/O/M/SB/E-10/07(Pt.) issued by the OSD and Ex-Officio Deputy Secretary to the Government of West Bengal, Urban Development Department and decision of the Principal Secretary, Finance Department communicated by the Assistant Secretary to the Government of West Bengal, Finance Department (Law Cell) vide memo dated 3rd January, 2014.

2. Since in the said Regulations of 1988 there is no explicit provision for restoration of commuted portion of pension petitioners raised demand before the concerned authority of KMDA to extend the benefit of restoration of commuted portion of pension on completion of 15 years from the date of commutation as same is permissible under other pension Regulations. KMDA approached the concerned State respondent vide memo dated 5th February, 2007 and subsequent memo dated 18th June, 2009 for approval in order to include necessary provision which would permit the retired employees of KMDA to get benefit of restoration of commuted portion of pension, in the said Regulations of 1988. In this regard, necessary decision was taken by KMDA in its 151st meeting convened on 6th December, 2006.

3. Vide communication dated 8th October, 2009 OSD and Ex-Officio Deputy Secretary regretted and expressed inability to agree with the proposal forwarded on behalf of KMDA seeking approval for inclusion of provision relating to restoration of commuted portion of pension. Subsequently in terms of order dated 25th June, 2013 passed by a Co- ordinate bench on disposing of earlier writ petition being WPA 18140 of 2011, Principal Secretary, Finance Department took decision which was communicated vide memo dated 3rd January, 2014of the Assistant Secretary to the Government of West Bengal, Finance Department (Law Cell). In the impugned decision of the Principal Secretary signed on 2nd January, 2014 it was stated policy decision was required to formulate for granting benefit of restoration of commuted portion of pension and same was not taken for the pensioners ofstatutorybodies, undertakings, local authorities etc.Unlike teachers working in government aided recognized schools similar policy decision was not extended to any statutory body or corporation. It was also recorded that when a